LEGAL PRINCIPLE: APPELLATE PRACTICE – Delivery of Judgment – Opinion of Unavailable Justice May Be Pronounced
PRINCIPLE STATEMENT
Under section 11 of the Court of Appeal Act, 1976 and section 258(2) of the 1979 Constitution, once an appeal has been fully heard and judgment reserved, it is lawful for the written opinion of an unavailable Justice to be read by any other Justice of that court.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in B.A. Shitta-Bey v. Attorney General of the Federation & Anor (1998) NLC-471992(SC) at pp. 25–26; Paras E–F.
"Pursuant to section 11 of the Court of Appeal Act, 1976 and section 258(2) of the 1979 Constitution, once an appeal in any cause or matter has been fully heard before the Court of Appeal, and judgment is reserved, it is not necessary for all the three Justices who heard the appeal to be present together in court on the day of the delivery of the judgment. It is lawful if the written opinion of anyone of them who is unavailable is read by any other Justice of that court."
EXPLANATION / SCOPE
The delivery of judgment does not require all Justices who heard the appeal to be present. The opinion of an unavailable Justice may be read by another. The principle ensures that judgments are not delayed by the unavailability of a Justice. The rule applies to all appellate courts. The written opinion must have been prepared before the Justice became unavailable. The principle promotes judicial efficiency.