“Section 258(1)(2) and (3) of the 1979 Constitution of the Federal Republic of Nigeria, the extant constitution when the case of Shuaibu  vs NAB Ltd (supra) was decided is in pari material with Section 294 (1)(2) and (3) of the 1999 Constitution of the Federal Republic of Nigeria. This section provides as follows:¬

294 (1)             Every court established under this constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all the parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.

(2)        Each Justices of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing or may state in writing that he adopts the opinion of any other Justices who delivers a written opinion: Provided that it shall not be necessary for all the Justices who heard a cause or mater to be present when judgment is to be delivered and the opinion of a justice may be pronounced, or read by any other Justice whether or not he was present at the hearing.

(3)        A decision of a court consisting of more than one Judge shall be determined by the opinion of the majority of its members."

PER P.A.GALINJE, J.S.C in the case of  OBA J.A AWOLOLA ,THE EDADA OF EDA ONIYO V. THE GOVERNOR OF EKITI STATE &2 ORS.

LEGALPEDIA ELECTRONIC CITATION: LER(2018)SC.194/2008