CONCLUSION IN A JUDGMENT- IMPLICATION OF AN INCOHERENT CONCLUSION IN A JUDGMENT  

 

Admin2
Joined: 12 months ago
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10/07/2020 12:54 pm  
"A conclusion in a Judgment ought to be very cogent, clear, specific, unambiguous and capable of easy digestion – Senator Amange Nimi Barigha v. Peoples Democratic Party &Ors. (2012) LPELR-19712. The conclusion of the lower Court "…..which is no doubt is unlawful" reveals incoherence as to what the lower Court is actually saying. This obviously results from a slip which hinders the expression of the manifest intention of the trial Judge. That slip cannot be the ratio decidendi of the Judgment because from the printed record issues were not joined by the parties as to the validity or lawfulness of the issuance of Exhibit ‘D’. This can be discerned from the two issues formulated by the Court and even the issues submitted to the lower Court by the Appellants for determination (page 705 of the printed record). Any issue outside them is extraneous and incapable of defining the Judgment. The consequences therefore is that such conclusion would only qualify as an Obiter Dictum and is not appealable – Senator Ita Solomon Enang v. Obong Nsima Umoh & Ors (2012) LPELR-8386 (CA) this Court held that:-

 

"An Obiter dictum is an observation which is not related to the issues submitted to that Court for resolution or determination. It is a view expressed by the Court which does not affect its decision on the issues that arise to be decided in the case…….However whether Obiter dictum or dissenting, such observations, opinions or views would not be the decision of the Court in the case, and so cannot be and do not amount to a binding authority in respect of the issues decided by the Court."
 
 
PER A. M. BAYERO, J.C.A. IN HON. JOHN B. YEP & ANOR V HON. CHRISTOPHER D. SAMUEL & ORS

suit no: CA/YL/167/2018
Legalpedia Electronic Citation: (2020) Legalpedia (CA) 14361


 

 

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