Introduction
The Nigerian judicial system plays a vital role in ensuring justice is served and maintaining the rule of law in the country. One of the essential components of this system is the rule of reading and delivery of judgment in Nigerian courts. The rule sets out the procedures for how judgments are written, delivered, and enforced in the country. Understanding these rules is crucial for all parties involved in court proceedings, including judges, lawyers, and litigants.
In this blog article, we will explore the rule of reading and the delivery of judgment in Nigerian courts.
See Also: Mode of Tendering Documents through a Witness in a Nigerian Court: A Guide
Rule of Reading and Delivery of Judgment in Nigerian Courts
In Nigerian courts, the delivery of a judgment is a crucial aspect of the judicial process. The judgment serves as the final decision of the court and outlines the reasons for the decision. This section discusses the procedures and rules for the reading and delivery of judgments in various Nigerian courts.
a. High Court
The general rule is that it is a judge who heard a matter that can deliver the judgment on it. However, in the High Court, a judgment may be written by one judge and delivered by another judge, provided that the judge who wrote the judgment signed and dated it and is the same person who heard the case – as established in AGF v. ANPP. This means that if a judge who has heard a case is unable to deliver the judgment, or incapacitated due to illness, death, or any other reason, another judge can do so, as long as the judgment is in writing, signed and dated by the original judge.
b. Court of Appeal and Supreme Court
In the Court of Appeal and Supreme Court, the justices who sit to hear matters must explicitly deliver their opinion in writing, or they may state in writing that they adopt the opinion of any other justice. However, the justices who heard the appeal need not be present when the judgment is delivered, as stated in Section 11 of the Court of Appeal Act and s.294(2)CFRN.
In the event that a justice of the Court of Appeal or Supreme Court dies, retires or is elevated to another court after sitting over a case and has written their opinion, another justice must pronounce their opinion. However, their judgment shall not be read out in court, as established in AG Imo State v. A.G Rivers State.
Delivery of Judgment and Giving Reasons Later
Generally, when a court delivers a judgment, it is required to provide the reasons for its decision, which enables the parties involved to understand the basis for the judgment. This requirement serves as a check on the power of the court and helps to promote transparency and accountability in the judicial system. The importance of giving reasons for judgments is highlighted in the case of NIIT Zaria v Dange, where the court held that a valid judgment must state the reasons for the decisions of the court.
However, there are instances where a court may decide to deliver a judgment without providing its reasons. This practice is often adopted by final appellate courts, such as the Supreme Court, where there is no further appeal against such a judgment. This allows the court to focus on the decision itself rather than on the reasoning behind it. This practice has been established in cases such as Aigoro v UNILAG, Amaechi v INEC, Inakoju & Ors v Adeleke.
While the practice of delivering judgments without giving reasons may seem concerning, it is important to note that it is only adopted in limited circumstances by final appellate courts. In other cases, courts are required to provide reasons for their judgments, and failure to do so may result in the judgment being challenged on appeal. Additionally, the practice of reserving the reasons for judgment can be useful in situations where a timely decision is needed, and the court needs more time to consider the reasoning behind its decision. Overall, the delivery of judgments and the provision of reasons for such judgments are essential components of a fair and just judicial system.
See Also: Understanding the Characteristics and Requirements of a Valid Judgment
Conclusion on the Rule of Reading and Delivery of Judgment in Nigerian Courts
In conclusion, the reading and delivery of judgments in Nigerian courts are crucial processes that ensure justice is served. It is essential to understand the procedures involved in the delivery of judgments in various Nigerian courts. The High Court allows the delivery of judgments by another judge provided that the judgment is in writing, signed, and dated by the original judge who heard the case. In the Court of Appeal and Supreme Court, justices must explicitly deliver their opinion in writing, and if a justice is unable to deliver the judgment, another justice can do so. It is important to note that a valid judgment must state the reasons for the decisions of the court. However, final appellate courts such as the Supreme Court may reserve the reasons for delivering the judgment to a later date.
Lastly, understanding the Rule of Reading and Delivery of Judgment in Nigerian Courts is crucial for anyone seeking legal redress in Nigeria. It is also essential to continue advocating for reforms that will improve the Nigerian judicial system to ensure that justice is served efficiently and effectively.