Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CHIEF OF DEFENCE STAFF & ANOR
V.
TIJAH

(2016) JELR 46271 (CA)    

Court of Appeal  ·  CA/J/195/2015 ·  29 Jun 2016 ·  Nigeria
CORAM
JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU Justice of The Court of Appeal of Nigeria RIDWAN MAIWADA ABDULLAHI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
court
person
act of the national assembly
constitution of the federal republic of nigeria
chief of defence staff
court of appeal
such conditions
learned counsel
fundamental rights
learned federal judge
1st appellant
2nd appellant
armed forces
determination decision
determination of that court
federal agencies
federal constitution
following cases
high court
peoples rights
yobe state
application of the party
argument of chief williams
borno state
case of its law-quality
case reason
commander joint task force
deportation of persons
detention of the respondent
determination of that high court
determination of the high court
end of the matter
federal military government of the republic of nigeria
following passage
high court of a territory
host of other authorities
justices of the supreme court
law make provisions
mental action
national judicial council
necessary reference
powers of the president
respect of criminal causes
respondents detention
rules of law
strict construction of an act of parliament
subject matter of the case
trial judges
view of the suit no
virtue of the provisions of section

JOSEPH TINE TUR, JCA (Delivering the Leading Judgment): I tagged this determination Decision by virtue of the provisions of Section 294(2)-(4) and Section 318(1) of the Constitution which defines a decision to means, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation. A Ruling is omitted in the definition of decision under Section 318(1) of the Constitution (supra). What the framers of the Constitution omitted should not be inserted by trial Judges (Section 294(1)) or Justices of the Supreme Court or the Court of Appeal (Section 294(2)-(4) of the Constitution (supra).

In Davies v. Powell (1737) Willes, 46, Willes, C.J. once held at page 51 that,

When the nature of things changes, the rules of law must change too.

In Jurisprudence, 4th edition by R.W.M. Diaz appears the following passage at page 196:

This is a truism in that the legislature and within limits, the Courts should change rules to keep the law a…

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