ALH. NUHU WAKILI V. THE COUNCIL ADAMAWA STATE UNIVERSITY MUBI & ORS
(2014) LCN/6987(CA)
RATIO PRACTICE AND PROCEDURE: FAILURE OF A COURT TO CONSIDER A PARTY’S CLAIM BEFORE RENDERING JUDGEMENT
The judgment of the lower Court as earlier stated, only made a summary of the evidence and submissions of counsel and no more. There was no mention of the issues and claims raised by the appellant as plaintiff, nor a dispassionate consideration of the said issues and claims and pronouncement made upon them. Though judgment writing is question of style, which varies from one individual Judge to another, however a judgment of court must demonstrate in full a dispassionate consideration of all issues properly raised and heard and must reflect on the result of such exercise. In other words, it must show a clear resolution of all the issues that arise for decision in the case and end up with ultimate verdict which flows logically from the facts pleaded and found proved. See Ogunyade V Oshunkeye (2007) ALL FWLR (Pt.389) 1179 at 1189, Katto V CBN (1991) 9 NWLR (pt. 214) 126, Ojogbue V Nnubia & Ors (1972) 1 ALL NLR (Pt.2) 226, Yusuf V Adegoko (2007) ALL FWLR (pt. 385) 384 at 410, Bayol V Ahemba (1999) 10 NWLR (Pt.623) 381 at 392 – 393.
In the instant case, the judgment of the trial Court did not even reflect the issues raised by the appellant as plaintiff, nor considered same or made pronouncement upon them. The trial Court only made a summary of the evidence adduced by plaintiff and defendants without evaluating same. See Olagunju V Adesoye (2009) 9 NWLR (Pt.1146) 225, Oyewole V Akande (2009) 15 NWLR (Pt.1163) 119. The failure to consider the said issues raised, breached the plaintiff’s right to fair hearing and indeed occasioned a miscarriage of justice. The implication of the foregoing is that the lower Court failed to resolve any of the issues submitted for determination by the plaintiff and the resolution of which was necessary for a just determination of the case. See Ogedengbe v. Balogun (2007) ALL FWLR (pt. 366) 625 at 631. Per ADAMU JAURO, J.C.A.
