JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I have tagged this determination Decision by virtue of the provisions of Section 294(2)-(4) and Section 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered because a decision to mean, in relation to a Court, any determination of that Court and includes judgment, Decree, order, conviction, sentence or recommendation. What the fathers of the Constitution omitted should not be inserted by trial and appellate Court Justices. In Davies v. Powell (1737) Willes, 46, Willes, C.J. held at page 51 that, When the nature of things changes, the rules of law must change too. R.W.M. Dias in Jurisprudence, 4th edition concurred at page 196 as follows:
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
The provisions of the Constitution are supreme and …