DECISION OF COURT –...
 
Notifications
Clear all

DECISION OF COURT – BASIS OF THE DECISION OF COURT

1 Posts
1 Users
0 Reactions
433 Views
Joined: 1 second ago
Posts: 0
Topic starter  

“In our system of adjudication in this country, it is fundamental that any decision reached by every court must be based on the evidence before the court. Whereas a court cannot act on conjectures and speculations, any decision reached contrary to the evidence before the court will be held to be perverse. In Sagay V Sajere [2000] 6 NWLR (Pt 661) 360; (2000)LPELR - 2976 (SC) 13 to 14, paras G - D, the Apex Court, per AYOOLA, JSC, held:

"The decision of a court must be based on the evidence and on reason. It should not be based on the intuition of the Judge or conjecture, or what the judge, untrammelled by the evidence, conceives to be a fair conclusion... The requirement that a judgment must clearly demonstrate that the conclusions arrived at in the case were not based on intuition and whim of the Judge but on evidence properly evaluated, and the law is not an insistence on mere form, but derives from the need to ensure and demonstrate that substantial justice has been done in the case."

See also Anyankpele V Nigerian Army [2000] 13 NWLR (Pt 684) 209; Oladele V Nigerian Army [2004] 6 NWLR    868) 166”. 

PER A. O. OBASEKI-ADEJUMO, J.C.A IN THE CASE OF CENTRAL BANK OF NIGERIAV. CHIEF DANIEL OBAMENEKE OKEMUO & ANOR; LER:(2016)CA/L/1208/2010



   
Quote
Share: