CORAM
PARTIES
1. SOKOTO STATE GOVERNMENT OF NIGERIA
2. ATTORNEY GENERAL AND COMMISSIONER FOR JUSTICE SOKOTO STATE
3. STANDARD TRUST BANK LIMITED.
APPELLANTS
KAMDEX NIGERIA LIMITED RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal stems from the judgement of the Court of Appeal. Three judges heard the appeal at the Court of Appeal but the judgment was given by a different composition of the three judges, one of the judges who heard the appeal was replaced by a different judge. The appellant contend that the judgement is a nullity.
HELD
The Supreme Court held that the judgment delivered by the court of Appeal Lagos division was a nullity based on the variation in the composition of the panel that heard the matter and the panel that delivered the judgment
ISSUES
“(i) Whether a panel of Justices different from the panel of Justices that heard argument from the parties, examined the Record of Appeal, asked vital questions on the 5th November, 2003 can deliver a valid judgment in this appeal on the 22nd day of January 2004?
RATIONES DECIDENDI
PROCEDURE FOR DELIVERING JUDGEMENT OF ANOTHER JUDGE AND CONSEQUENCE OF NOT FOLLOWING SAME
“A Justice of the Court who did not take part in the hearing of an appeal may lawfully sit on a panel of the court and participate in delivering a judgment or written opinion of another Justice who actually took part in the hearing of the appeal or matter but is unavoidably absent, I must stress however that for such judgment delivered to be valid, it must have been put in writing for delivery by all the members of the panel of the Justices that participated at the hearing of the appeal which in law culminates in the determination of the cause or matter by the delivery of the judgment” PER MAHMUD MOHAMMED, JSC
NEED FOR JUDGMENT TO BE DELIVERED BY A PANEL THAT HEARD THE ARGUMENTS OF THE CASE
“A Judgment delivered by a Panel, where one of them, did not hear the argument nor was he/she present at the hearing, is a nullity. Period!” I. F. OGBUAGU, JSC
WHEN IS A COURT COMPETENT
“Where the Constitution provides for a minimum number of Justices to form a Panel and sit in the Court of Appeal, anything short of that minimum will make the Panel incompetent and will result in the nullity of the proceedings however ably conducted. A court is competent when inter alia, it is properly constituted as regards membership and qualification of the members of the bench and no member is disqualified for one reason or another.” PER NIKI TOBI, JSC
CASES CITED
1. Jeremiah Akoh & Ors v. Ameh Abuh (1988) 3 NWLR (Pt. 85) 696 at 713.
2. Gabriel Madukolu & Ors v. Johnson Nkemdilim & Ors (1962) All NLR 587
3. Ubwa v. Tiv Traditional Council and Others (2004) 11 NWLR (Pt.884) 427 at 436
4. Adeigbe & Anor v. Kusimu & Ors. (1965) 1 All NLR (Reprint) 260 at 263
STATUTES REFERRED TO
The Constituion Of The Federal Republic Of Nigeria, 1999