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Pharmacists Council of Nigeria v. P.S.N.

PHARMACISTS COUNCIL OF NIGERIA

ALHAJI AHMED TIJANI MORA

V

PHARMACEUTICAL SOCIETY OF NIGERIA

NATIONAL COUNCIL, PHARMACEUTICAL SOCIETY OF NIGERIA

COURT OF APPEAL

( LAGOS DIVISION )

KUMAI BAYANG AKAAHS JCA ( Presided )

RITA N. PEMU JCA ( Read the Lead Judgment )

MOHAMMED A. DANJUMA JCA

CA/L/144/2011

FRIDAY, 10 FEBRUARY 2012

CONSTITUTIONAL LAW - Constitutional provisions

JUDGMENT AND ORDERS - Court’s judgment - Conclusiveness of as between parties

JUDGMENT AND ORDERS - Judgment - Where delivered in violation of constitutional provisions - Invalidity thereof

Issue:

Whether the learned trial judge was not in error to have delivered the ruling on appeal outside the open court contrary to Order 23, rule 1 of the Federal High Court (Civil Procedure) Rules, 2009 and section 36(3)  of the Constitution of the Federal Republic of Nigeria,  1999.

Facts:

The appellants as plaintiffs before the Federal High Court, Lagos, instituted action by way of originating summons against the respondents, wherein they sought declaratory and injunctive orders against the respondents. They also sought exemplary damages in the sum of N50,000,000.00 (fifty million naira).

The trial court granted the appellants’ claim in part, granting reliefs 1 , and refusing reliefs 2 and 3. The trial judge did not read its judgment in open court, but in its secretary’s office as the judge’s chamber door was rammed and the judge could not robe.

Dissatisfied with the decision of the trial court, the appellant appealed to the Court of Appeal.