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JUDGEMENT CONFINED TO ISSUE RAISED

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Dictum

It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues raised on the pleadings See: Ochonma v. Asirim Unosi (1965) NMLR 321. The court cannot grant remedies or reliefs not claimed by the parties. – Karibe-Whyte JSC. Awoniyi v. AMORC (2000)

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COURT CANNOT CONSIDER AN ISSUE NOT PLACED BEFORE IT

The settled position of the law is that when an issue is not placed before the court for discourse, the Court has no business whatsoever delving into it and dealing with it. A court of law has no business whatsoever delving into issues that are not properly placed before it for resolution, a Court of law has no business being overgenerous and open-handed, dishing out unsolicited reliefs, a Court of law is neither father Christmas granting unsolicited reliefs, nor Knight errant looking for skirmishes all about the place, a Court of law as an impartial arbiter must confine its self to the reliefs sought and the issues before it submitted for resolution.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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JUDICIAL OFFICER WHO DID NOT HEAR A CASE CANNOT GIVE A JUDGEMENT OR JOIN IN GIVING OPINION ON IT

The genesis of what brought about the improper constitution of the tribunal when it sat and delivered a ruling on 9 September 2015, has been clearly set out in the lead reasoning. I only re-iterate the position of the law that a judicial officer of whatever jurisdiction, who did not participate in court in taking proceedings in respect of the suit/case in question, has no legal right or capacity to express an opinion in determining dispute between parties in that suit/case where he did not participate at the hearing level of the suit/case. If he does so, the decision delivered in which such a judicial officer participated is a nullity as the court/tribunal was not properly constituted. See Madukolu v. Nkemdilim (1962) 2 SCNLR 341; Adeigbe v. Kushimo (1965) All NLR 260 at 263, Sokoto State Govt. v. Kamdex (Nig.) Ltd (2007) 7 NWLR (Pt. 1034) 492 at 497; Ubwa v. Tiv Area Traditional Council (2004) 11 NWLR (Pt. 884) at 4361. If a decision is a nullity, it cannot confer jurisdiction on same court/ tribunal or any other court or tribunal. One cannot put something on nothing and expect it to stand. It will collapse. See Macfoy v. United African Company Ltd (1961) 3 WLR 1405 at 1409, (1962) 5 SCNLR 152.

— I.T. Muhammad, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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PROPER APPROACH TO ISSUES OF FACT

In Adeyeye v. Ajiboye (1987) 3 N.W.L.R. (Pt.61) 432 at p.451, I referred to what I thought was the proper approach to the issues of fact and findings of fact by trial Courts viz: “The proper approach for any trial court is first set out the claim or claims; then the pleadings, then the Issues arising from those pleadings. Having decided on the issues in dispute the trial Judge will then consider the evidence in proof of each issue, then decide on which side to believe and this has got to be a belief based on the preponderance of credible evidence and the probabilities of the case. After this the trial Judge will then record his logical and consequential findings of fact. It is after such a finding that the trial court can then discuss the applicable law against the background of his findings of fact.”

— Oputa JSC. Onwuka & Ors. V. Ediala & Anor. (SC.18/1987, 20 January 1989)

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NOT EVERY ERROR IN A JUDGEMENT WILL VITIATE IT

It is not every mistake or error in a judgment or decision that could vitiate such a decision as the mistake has to be shown to have led to a miscarriage of justice or materially or substantially affected the decision making to have such impact. See Owhonda v Ekpechi (2003) 9-10 SC 1 at 21; Mrs. Jumbo v R. S. H. P. A. D. A. (2005) 5 SC (Pt.11) 102 at 112. — M.U. Peter-Odili, JSC. Kwara Judicial Commission v Tolani (2019) – SC.63/2010

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PAYMENT OF JUDGEMENT ENTERED IN FOREIGN CURRENCY

The present practice is that where an award is made in foreign currency, the judgment will be for the payment of the amount in foreign currency or its naira equivalent converted for the purposes of the enforcement of the judgment at the time of the payment.

— Ayoola, JSC. Saeby v. Olaogun (1999) – SC.261/1993

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COURT REFORMULATING AN ISSUE MUST BE ROOTED IN THE GROUNDS OF APPEAL

It follows therefore, that when reformulating the issues crafted by the contending parties, as the issues in controversy, the Court of Appeal must ensure that such re-formulated issue(s) have foundation and are rooted in the grounds of appeal contained in the notice of appeal before it. The power of the Court of Appeal is limited to reformulating issues that are capable of addressing the grievance of an appellant, who has taken all necessary steps to ventilate his grievance against the decision of a trial court, the Court of appeal has no business engaging in crafting fancy and flowery issues for determination in the abstract, employing words that are catchy and tantalizing.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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