LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Delivery of Judgment — Delay Beyond Three Months — Not Automatically a Nullity
PRINCIPLE STATEMENT
Failure to deliver judgment within three months of conclusion of evidence and final addresses does not automatically render the judgment null and void. Such a decision shall only be set aside if the appellate court is satisfied that the party complaining suffered a miscarriage of justice by reason of the breach.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Owoyemi v. Adekoya & Ors (2003) NLC-1041998(SC) at p. 25; Paras B–D.
"Failure by the courts of law concerned to deliver their judgments within 3 months from the conclusion of evidence and final addresses does not now ipso facto render such judgments automatically null and void and of no effect. Such a decision shall only be set aside or treated as a nullity by an appellate court or a court of review if it is satisfied that the party raising the complaint has suffered a miscarriage of justice by reason of the breach."
EXPLANATION / SCOPE
Delay in delivering judgment does not automatically nullify it. The principle applies to all courts. The appellant must show miscarriage of justice. The rule prevents technical nullification. The court will examine prejudice. The principle is well-established.
