JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The learned Counsel representing the parties in this appeal adopted their respective briefs of argument on 23rd May, 2017 and the appeal was adjourned to enable the panel deliberate to make known its decision. The appeal was assigned to me for decision making. Since then I have had all manner of health challenges moving from one hospital to another. When I recovered strength to prepare and deliver the opinion of this Court, then came the annual vacation. I have remained at my duty post throughout the period of the annual vacation to prepare and make known the decision or opinion of the panel that heard the appeal. I have not tagged the determination of this appeal as Judgment but rather a Decision or an an Opinion because of the provisions of Section 294(1)-(4) read together with 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered which provides as follows:
1. Every Court established under this Consti…