Closing/Final Address & Judgment

- Part I - Closing / Final Address -

Meaning of Final Address

A closing or final address is the address that can lead to a final judgment. It is the marriage of the facts and law in order to convince the court to grant or refuse certain prayers.

Features of Closing Address

1. Constitutional basis - S294 CFRN: it determines when the period for delivering judgment begins to run;
2. Provided for by the Rules of Court;
3. Though a constitutional right, it may be waived, and that fact must be recorded – Ayisa v Akanji;
4. Failure to afford a party may be fatal – Obodo v Olomu;
5. It is in writing and exchanged by parties - oral in lower courts;
6. Directed at both the court and parties.

Functions of Closing Address

1. Accentuates fair hearing; failure to take address tilts the scale of justice – Aboshi v Manase;
2. Assists the court in arriving at a decision – Obodo v Olomu;
3. Not a substitute for compelling evidence – Niger Construction Ltd v Okugbeni (1989) 4 NWLR (Pt 67) 738 @ 792, per Oseji JCA;
4. Gives parties opportunity to sum up their cases.

Order of Making Final Addresses

The order of presentation depends on which party last led evidence.

Scenario A - Defendant and Claimant Both Led Evidence

Step	Party	Time Limit
1. First address	Defendant	21 days of close of his case
2. Plaintiff’s address	Plaintiff	21 days of service of Defendant’s
3. Reply on points of law	Defendant	7 days of receipt of Plaintiff’s

Scenario B - Only Plaintiff Led Evidence

Step	Party	Time Limit
1. First address	Plaintiff	21 days of close of Defendant’s case
2. Defendant’s address	Defendant	21 days of service
3. Reply on points of law	Plaintiff	7 days of receipt of Defendant’s

What is “Close of Evidence”?

• Conclusion of evidence - deemed closed after cross-examination or re-examination of the last party’s last witness (usually defence) – O33 r11 Lagos;
• Done by oral application or by court suo motu if parties don’t act within reasonable time.