It is the law that an appellate Court will not interfere once the conclusion reached by a trial Court is correct, since an appellate Court is more concerned with the conclusion reached than with the reason adduced, more so where as in the instant appeal the reason which is the pathway to the above correct conclusion or finding is also perfectly correct.
– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021
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I need to point out that in paragraph 6.2 of their written address, the claimants referred to an unreported decision of the Court of Appeal: Appeal No: CA/A/122/2014: Federal Inland Revenue Service v. TSKJ Construcoes International Sociadade Unipersonal LDA delivered 17 July 2017. A copy of the unreported decision was not forwarded to this Court as enjoined by Order 45 Rule 3(1) of the NICN Rules 2017. This Court is accordingly not obliged to give any consideration to the cited unreported case (Appeal No: CA/A/122/2014). As His Lordship Augie, JSC intoned in Major General Kayode Oni (Rtd) & 4 ors v. Governor of Ekiti State & anor [2019] LPELR-46413(SC). It is an elementary principle, very elementary, that Counsel who want the Court to make use of authorities cited in Court must provide the name of Parties, the year the case was decided, and where the case is reported, name of the Law Report, the year, volume and page must be cited. But if the said case is unreported, Counsel must provide the Court with a certified true copy of the Judgment sought to be relied upon – see Chidoka & anor v. First City Finance Co. Ltd [2013] 5 NWLR (Pt. 1344) 144 and Ugo-Ngadi v. FRN [2018] LPELR-43903(SC).
— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022
The duty of every appellant is to show and or establish that the decision he has appealed was wrong or unreasonable. Every decision of a Court of law, a judicial act, done in a manner substantially regular is presumed to be correct and that formal requisites for its validity were complied with. The presumption of regularity under Section 167(1) of the Evidence Act, 2011 is all about this.
— E. Eko, JSC. Kassim v. State (2017) – SC.361/2015
Now, it is abecedarian law that the decision of a Court is not to be read in convenient instalments. The decision must be read as a whole in order to appreciate the ratio decidendi in the case.
– Ogakwu, J.C.A Fijabi v. FBN (2021)
The point must be rammed home that an order issuing from any court, a fortiori an order of the Court of Appeal, the penultimate court in the judicial ladder, must be obeyed to the letters. It is of no moment that such order is wrongly made as long as it has not been set aside by an appellate court. Obedience to order of court is part and parcel of rule of law, which, in turn, is sina qua non for orderliness and development of democracy in any society. Contrariwise, disobedience of court order, as amply demonstrated by the respondent’s unrepentant conduct, is capable of igniting chaos and anarchy in any country. The respondent, erroneously, think that the court is a toothless bulldog which can bark without biting. By his aberrant desecration of the order of this court, made on 10/06/2010, he has insulted the law and he must incur its wrath.
— O. Ogbuinya, JCA. Ogunleye v. Aina (2012) – CA/IL/22/2011
The law is settled that a decision of a Court of competent jurisdiction not appealed against remains valid, subsisting and binding on the parties and is presumed acceptable by them. It is also the law that where there is an appeal on some points only in a decision, the appeal stands or falls on those points appealed against only while the other points or decisions not appealed against remain valid, subsisting and unchallenged.
– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)
Supreme Court made this very clear in Akanbi v Alao (1989) 3 NWLR (Pt.108) 143, Per Eso JSC as follows: – “I think it would be extending Ibodo v Enarofia case beyond reason if every considered or assumed considered professional decision of a counsel which has gone wrong should qualify as ground of appeal. We did say once, and I am still of the firm view that the conduct of a case lies wholly with counsel. The rule really should be “caveat client”. If you choose a counsel, you should permit him, once seised of the case to conduct the case in the manner of his professional ability. Indeed that is part of the independence of the Bar. If there is lapse in his office, his clerk forgetting to file some papers, he forgetting the date of hearing or such like procedural errors, of course the client should not be made to suffer. If however, he takes a deliberate decision and loses thereby, then, it is his privilege to lose and that will constitute a right for the client for utilization as a ground of appeal. For, if it were not so, the profession would be in jeopardy”.
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