JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I could have headed the determination of this appeal as an opinion or a decision by virtue of the provisions of Sections 294(1) - (5) of the Constitution of the Federal Republic of Nigeria 1999 as altered which provides as follows:
(1) Every Court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.
(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 all 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 p…