NOT EVERY ERROR IN A JUDGEMENT WILL VITIATE IT

SUBORDINATE COURT CANNOT SIT OVER JUDGEMENT OF SUPREME COURT

My Lords, the law is settled, and as rightly stated by learned senior counsel for the Appellant, that the Court below, and other Courts subordinate to this Court, lack the jurisdictional competence and power to sit on appeal over the judgment of this Court. This is the import of Section 235 CFRN 1999 as amended.

– A. Aboki, JSC. Sani v. Kogi State (2021) – SC.1179/2019

TIMELINESS OF JUDGEMENT RENDERING

But, all the same, certainty of the law is not all that easy as it sounds. Certainty, however, goes along with timeliness. The parties come before either court, with rival or opposing propositions of law. The duty of a Court of Appeal or the Supreme Court is heavier therefore when determining certainty of law from that of the court of first instance. In any case, what is uppermost is timeliness and certainty. Whatever research is necessary, the Court of Appeal or the Supreme Court judgment should be delivered within the time limit. It is, therefore, advisable that the date of judgment should be fixed on the conclusion of argument. The Court will, therefore, not lose sight of the necessary time factor. The parties will also be satisfied that their rights will be determined on a date within a limited period. This will give more credibility and sanctity to a judgment.

— Sowemimo, JSC. Odi v Osafile (1985) – SC.144/1983

WHAT IS AN EXECUTORY JUDGMENT

An executory judgment or order is one that states the respective rights of the parties and goes the extra mile to order the defendant to act in a particular way or refrain from interfering with the plaintiffs’ rights, e.g. to pay damages or as in this case to stop parading himself as the Eesa of Iragbiji. – Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012

JUDGEMENT IN REM

In Oni & Anor V Oyebanji & Ors( SC/CV/398/2023 on 6-4-2023) this court Per Agim JSC restated the law on this concept thusly “As this Court held in Ogboru & Anor v. Uduaghan & Ors (2011) LPELR-8236 (SC) “A judgement in rem may be defined as the judgement of a court of competent jurisdiction determining the status of a person or thing as distinct from the particular interest of a party to the litigation. Apart from the application of the term to persons, it must affect the “res” in the way of condemnation, forfeiture, declaration, status or title. (a) Examples are judgment of a Court over a will creating the status of administration. (b) Judgment in a divorce by a Court of competent jurisdiction dissolving a marriage declaring the nullity or affirming its existence. (c) Judgment in an election petition. The feature of a judgment in rem is that it binds all persons – 36 whether a party to the proceedings or not. It stops anyone from raising the issue of the status of persons or persons or things, or the rights or title to properly litigated before a competent Court. It is indeed conclusive against the entire world in whatever it settles as to status of the person or property. All persons whether party to the proceedings or not are stopped from averring that the status of persons is other than the Court has by such judgement declared or made it to be.” Okpalugo vs. Adeshoye (t996) 10 NELR pt. 476, pg. 77, Fan trades Ltd. vs Uni Association Co. Ltd. (2002) 8 NWLR Pt. 770, pg. 699., Ogbahon vs. Reg. Trustees CCCG (2002) 1 NWLR Pt. 749, pg. 675, Olaniyan vs Fatoki (2003) 13 NWLR pt. 837, Pg. 273.

— E.A. Agim, JSC. Oyetola v INEC & Ors. (2022) – SC/CV/508/2023

A DECISION IS PRESUMED CORRECT UNTIL THE ERROR ON APPEAL IS CORRECTED

Under our judicial system In this country, every party not satisfied with the decision of the Court of Appeal has a constitutional right to appeal against the decision. See section 213 (2) and (3) of the Constitution of the Federal Republic of Nigeria, 1979. This right, under the Constitution, the Supreme Court Rules and the Supreme Court Act has to be exercised In the manner prescribed and within the time prescribed by the Act or extended by the Court. Where the right is not exercised, it is presumed that the parties have accepted the judgment given without question and are not aggrieved. Even where a party has appealed against a decision, the decision is presumed correct until the error complained of is established. See Odiase v. Agho (1972) 1 All N.L.R. See Folorunsho v. Adeyemi (1975) 1 N.M.L.R. 128; See Williams v. Johnson (1973) 2 WA.C.A 253. The presumption of correctness of the decision is stronger where there is no appeal against the decision.

— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988