The judgment subsists and remains binding on the parties until set aside; and it took immediate effect from the date it was pronounced. Section 287(3) of the Constitution enjoins the said trial Court to enforce its own judgment.
— Ejembi Eko, JSC. Oboh & Anor v. NFL (SC.841/2016, January 28, 2022)
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Isaac Stephen v. The State (1986) 5 NWLR (Pt.46j 978 in which Oputa J.S.C. set out the stages to be followed in writing a good judgment, particularly in criminal cases. The four stages outlined by the learned Justice are as follows:- “Stage 1: If the plea of the accused is guilty no issues arise and no evidence is required. The trial court can proceed straight to judgment. But if the plea is not guilty (as it is bound to be in murder trials) then all the constituent elements of the offence charged are put in issue. And the onus lies heavily on the prosecution to prove the offence charged beyond reasonable doubt. Stage 2: Issues are thus joined, evidence is led in proof or disproof of each issue. At this stage, the duty of the trial court is merely to record the evidence led and observe the demeanor of the witnesses called by either party. Stage 3: This is the most important and crucial stage as it deals with the perception of facts, evaluation of facts belief or disbelief of witnesses and findings and conclusions based on the evidence accepted by the trial court. At this stage, the trial court will briefly summarize the case of either party. This does not mean producing verbatim the evidence of the prosecution witnesses and of defence witnesses one by one but it does mean using such evidence to tell a coherent and connected story. Having done this, the trial court will then decide which story to believe. Here it is important to emphasize that the over worked expressions “I believe” or “I do not believe” have no extrinsic magic power or potency. There is nothing wrong in believing one side and disbelieving the other if either the belief or disbelief is in consonance with the natural drift of the evidence and the probabilities which on the totality of what evidence it is natural to expect. Stage 4: Having exercised his prerogative to believe or disbelieve having made his findings of fact, the trial court will then draw the necessary inference or conclusion from the facts, would then discuss the applicable law against the background of the facts as found. Any judge that follows the above pattern or something similar to it will be of invaluable help to the Courts of Appeal as well as to parties to the appeal. One would only wish that our trial courts do approach the difficult task of writing judgments in some methodical and orderly fashion.”
The 1st defendant cannot in the circumstances of this case, it not having appealed and not having filed a respondent’s notice, pray for a variation in the judgment in its favour.
— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988
1. A judgment or ruling of a competent court ought not to be illusory, but ought to have its consequences. One consequence of the Order of the Court of Appeal dated 13/11/85 is the restoration of Chief Ojukwu to his residence at No. 29 Queen’s Drive. The applicants by their delaying tactics have so far made that order illusory.
2. A judgment once given should be accepted as correct until the contrary is proved. This can only be done by and in an appropriate higher Court of Appeal – in this case the Supreme Court. This Court has not yet over-ruled or set aside the Order of the Court of Appeal of 13/11/85.
3. He who is in defiant disobedience of the law – here an Order of court – cannot appeal to the same law to help him continue in his disobedience.
4. The Applicants in this Motion are asking the court to exercise its discretion in their favour. The exercise of discretion is equitable and the function of equity is to supplement the law never to counteract or contradict the law.
– Oputa, JSC. Military Governor v. Ojukwu (1986) – SC.241/1985
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
The law is settled that the judgment of any competent Court, once perfected, and not appealed against, is valid and subsisting until it is set aside by competent Court or authority.
– Kekere-ekun JSC. Adegbanke v. Ojelabi (2021)
In the case of Egbunike v. Muonweokwu (1962) 1 All NLR 46 Taylor, FJ. held as follows on p. 51. “A declaratory judgment is discretionary. It is a form of judgment which should be granted only in circumstances in which the Court is of opinion that the party seeking it is, when all the facts are taken into account, fully entitled to the exercise of the Court’s discretion in his favour.”
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