LEGAL PRINCIPLE: APPELLATE PRACTICE — Final Judgment — Test for Determining Finality
PRINCIPLE STATEMENT
A finding that finally settles an issue without further reference to the court is a final decision. If the court orders something to be done according to the answer to enquiries without further reference to itself, the judgment is final.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Nuhu v. Ogele (2003) NLC-961998(SC) at p. 2; Paras A–B.
"When a matter comes for adjudication before a tribunal of justice for the determination of an issue in controversy in order to enable parties know for certainty the state of affairs in respect of the matter, a finding that would finally settle that issue the subject matter of the appeal at that material time in the sense that there shall be no more reference to it in that matter, is a decision that can be said to be final for that purpose. ... If the court orders something to be done, according to the answer to the enquiries, without further reference to itself, the judgment is final."
EXPLANATION / SCOPE
Finality is determined by whether the issue is settled without further reference to the court. The principle applies to appeals. The test is practical. The rule determines the right of appeal. The judgment is final if no further proceedings are contemplated. The principle is well-established.