Clarification On Purported Decision Of The Supreme Court On Abolition Of Appeals To The Supreme Court On Grounds Of Mixed Law And Facts

That what is generally being circulated as a ‘DECISION’ of the Supreme Court was only an OBSERVATION by His Lordship, Hon. Justice Bode Rhode Vivour, delivering the leading Judgment in the case in point. This is so reflected in the Editorial note to ( 2018 ) 6 SC ( pt 1) 1 where the relevant Judgment is reported. The editorial note read as follows: ‘It is important that attention be drawn to the germane OBSERVATION of Hon. Justice Rhodes – Vivour, JSC.,(delivering the Leading judgment in SHITTU V.PEUGEOT AUTOMOBILE NIG.LTD .(2018) 6 S.C.( Pt.1) 1 at 19 Paras.20-35 that, as a result of the First , Second and Third Alterations to the 1999 Constitution; there is no longer Section 233 (3) which provided: ” subject to the provisions of subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with leave of the Court of Appeal or the Supreme Court ” in consequence of which the Supreme Court, now, can only hear appeals where the grounds of appeal involves questions of law vide Section 233 (1) & (2) of 1999 Constitution (as amended). See in particular, Section 6 of Constitution of the Federal Republic of Nigeria;( Second Alteration) Act, 2010; which was substituted for Section 24 of the First Alteration Act, 2010. The relevant Alteration Act is also published as an Addendum to the Law Reports for easier understanding’ His Lordship indeed made it is clear, that His Lordship ‘s comments were an OBSERVATION. Indeed His Lordship made the comment, AFTER rendering the court ‘s decision in the appeal. Hopefully, the full court will, in the near future have the opportunity of deciding this very important issue. Before that happens, His Lordship ‘s comments though weighty and germane, remains what it was meant to be, an OBSERVATION. – From Editorial Board of Supreme Court Reports ( S. C. Reports) Published by LAWBREED LIMITED. Call 08077011755, 08077011931.]]>