LEGAL PRINCIPLE: APPELLATE PRACTICE — Judgment Delivery — Absence of Party Does Not Invalidate Judgment
PRINCIPLE STATEMENT
The absence of a party on the day judgment is delivered does not vitiate, nullify, or invalidate the decision. Parties present at judgment delivery do not play any role other than hearing the judgment. Thus, the absence of an appellant does not violate his constitutional right or render the judgment null and void.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Agbana v. Owa & Ors (2004) NLC-832000(SC) at p. 10; Paras A–B.
"It does not appear to me that the absence of a party on the day judgment is delivered can vitiate, nullify or invalidate the decision. This is because parties who are present on the day judgment is delivered do not really play any role rather than hearing the judgment delivered by the Judge and possibly taking some notes. Thus the absence of an appellant at the time judgment is delivered does not constitute a violation of his constitutional right or render the judgment null and void ab initio."
EXPLANATION / SCOPE
Absence at judgment delivery does not nullify the judgment. The principle applies to all courts. The right to be heard relates to the trial, not the reading of judgment. The rule prevents technical nullification. The party cannot challenge the judgment solely on absence. The principle is well-established.