(2018) JELR 38712 (CA)    

Court of Appeal  ·  CA/E/1C/2016 ·  6 Jun 2018 ·  Nigeria
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
joseph ekechi
4th defendant
security man
court of appeal
chi-boy group of companies
armed robbery
learned trial judge
prosecutions case
learned acting director of public prosecution
prosecution witnesses
abakaliki judicial division
c. n. ugadu
decision of a court
evidence of the prosecution witnesses
facts of the case
phone number
1st defendant
3rd defendant
accused persons
appellants brief of argument
chinedu ogah of his toyota hiace bus
complainant of the said vehicle
decision of a court consisting
decision of the learned trial judge
defence counsel cross
determination of a controversy
determination of the grievances of the appellant
fact of the 4th defendants failure
following offence
ground of non-compliance
high court of ebonyi state of nigeria
high court of justice of ebonyi state
joseph tine tur
justice of the supreme court
learned justices of the court of appeal
long line of decided cases
mr. kunle ladejobi
numbered summary of the points
overwhelming evidence
police station awka
pw1 pw3
respondents duty
senior state counsel
statement of offence
state vs.
such cases
supreme court
unlawful act

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Any determination of a controversy by the learned Justices of the Court of Appeal in Nigeria is either an opinion or a decision as provided in Sections 294(2)-(5) and 318(1) of the Constitution of the Federal Republic of Nigeria 1999 as altered to wit:

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 opinion of the majority of its members.

(4) The purpose of delivering its decision under this Section, the Supreme Court, or the …

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