JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I have tagged this determination Decision to tally with the provisions of Section 294(1)-(4) and 318(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended . Any determination of every Court established by the Constitution is to read "?decision"?.
In the Court of Appeal and the Supreme Court every determination is either a decision or an opinion under Section 294(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 . That is the intention of the Legislature.
In Jurisprudence, 4th edition by Diaz appears the following passage at page 197:
"Willes, C.J. once said, When the nature of things changes, the rules of law must change too. This is a truism in that the legislature and within limits, the Courts should change rules to keep the law abreast of change. The question under review is whether changed conditions may deprive a case of its law-quality..."
In Packer v. Packer (1953) 1 All E.R. 127, D…