JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I have headed the resolution of the issues in controversy in this appeal as decision. I could have headed same as an opinion. Either heading would have been in conformity with the provisions of Section 294(2)-(3) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered which came into effect on 29th May, 1999. These provisions are couched as follows:-
"294(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 o…