LEGAL PRINCIPLE: APPELLATE PRACTICE – Decision – What Constitutes – Determination on Issues Litigated by Parties
PRINCIPLE STATEMENT
A decision within the meaning of section 277(1) of the 1979 Constitution envisages any determination on an issue joined by or litigated by the parties before the court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, adopting Karibi-Whyte, JSC in Kalu v. Odili, in Dike & Ors v. Aduba & Anor (2000) NLC-1081994(SC) at p. 4; Paras C–D.
"A decision within the meaning of section 277(1) of the 1979 Constitution envisages any determination on an issue joined by or litigated by the parties before the court."
EXPLANATION / SCOPE
A “decision” for constitutional appeal purposes means a determination resolving issues joined and litigated between parties. It requires substantive adjudication of contested matters, not merely procedural or administrative rulings. The determination must address the rights, obligations, or status of parties based on evidence and argument. This definition ensures that the constitutional right of appeal attaches only to judicial determinations that finally or substantially affect parties’ legal positions, not to every judicial utterance or case management direction. The focus is on substance over form.