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C.O.P ANAMBRA STATE
V.
NWOYEUGO

(2017) JELR 37682 (CA)

Court of Appeal 6 Jul 2017 Nigeria
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- The Court of Appeal discusses constitutional provisions regarding the delivery of opinions and decisions by justices. - Constitutional requirements for delivering decisions within a certain timeframe do not apply to determinations made by

Case Details

Suit Number:CA/E/379C/2014
Judges:TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:J.O. Onujekwe, Esq. Has fiat from Attorney-General of Anambra State. For Appellant Miss. P.A. Ogbuli, Esq. For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling): Sections 294(2)-(4) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered is authority that I can head any determination in the Court of Appeal as a decision or an opinion. The provisions are couched as follows:

"(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a Court consisting of more than one Judge shall be determined by the opinion of the majority of its members.

(4) For the purpose of delivering its decision under this section, the Supreme Court, or the Court of Appeal…

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