CONSTITUTIONAL LAW — Court of Appeal — Constitution of Panel — Requirement that Panel Delivering Judgment Must be Same as Panel that Heard the Appeal
Principle Statement
The panel of the Court of Appeal that delivers judgment in an appeal must be the same panel that heard the appeal. A justice who did not participate in the hearing cannot validly write or deliver a judgment, as the delivery of judgment is an integral part of the hearing.
Ratio Decidendi (Source)
Per Mohammed, JSC, in Sokoto State Govt & Ors v. Kamdex Nigeria Limited (2007) NLC-123-74-2004(SC) at pp. 10–13; Paras E–A.
"The law is well settled that the competence of a court is an essential element in determining its jurisdiction. ... any defect in competence is fatal and the proceedings are a nullity however well conducted and decided. Proceedings at the hearing of a case of course cover or start from the commencement thereof up to and including the delivery of final judgment. In other words, the delivery of judgment in a cause or matter, is part of the hearing of that cause or matter. ... a judicial officer, who had not sat in court in that capacity to exercise the jurisdiction of the court in hearing a cause or matter, cannot have the capacity in law to sit in court and write a judgment or opinion to determine a dispute which he did not participate in the hearing."
Explanation / Scope
The principle reinforces the requirement that adjudication must be conducted by the same judicial officers from beginning to end. “Hearing” is not limited to oral arguments but encompasses the entire process from the commencement of proceedings to the delivery of judgment. A justice who joins the panel only at the judgment stage, without having read the briefs or heard counsel, is disqualified from participating. Such participation violates the right to fair hearing and undermines public confidence in the judiciary. The defect is fundamental and cannot be waived. The principle applies to all appellate courts and ensures that every decision-maker is fully seised of the matter. The judgment of a court with a changed panel is a nullity.
