Judgment & Sentencing
- PART I: Judgment -
Definition of Judgment
Judgment (verdict) is “a Court’s final determination of the rights and obligations of the parties” - Black’s Law Dictionary 7th edn p846; S6(6)(b) CFRN.
- Marks the end of trial before a competent court;
- Once delivered, court becomes functus officio;
- Distinguish: Interlocutory judgment does not end the matter; Final judgment brings matter to conclusion;
- Regulated by S275 ACJL Lagos; S308 ACJA; S309 ACJL Kano; S294 CFRN.
5 Features of a Valid Judgment - Bar Part II Focus
- Judgment must be in writing;
- Must contain the point(s) for determination;
- Must contain the decision on the point(s);
- Must contain the reason(s) for the decision;
- Must be dated, signed or sealed.
1. Judgment Must Be in Writing
No court may deliver an oral judgment - S275 ACJL; S308(1) ACJA; S294(1) CFRN; Queen v Fadina (1958); Unakalamba v COP (1958); Osayande v State; Okoruwa v State (1975).
- Oral judgment delivered + later reduced into writing remains oral – State v Lopez (1968);
- Judge may write judgment after evidence but before final addresses; final addresses cannot replace evidence – R v Cobolah;
- Judge must not deliver before final addresses - fair hearing issue;
- Subsequent amendments may be made on hearing final addresses – R v Cobolah.
3 Types of Disguised Oral Judgment
| Type | Authority |
|---|---|
| Read from notes during trial | Queen v Fadina (1958) |
| Read from notes scribbled by judge’s son | Ajayi v State (1978) |
| Dictated to stenographer/typist | Okoruwa v State (1975) |
Magistrate’s Oral Judgment Exception - S308(2) ACJA
Under ACJA, a Magistrate MAY deliver oral judgment, but must record briefly in the book his decision and reasons, OR record information in the prescribed form - Unakalamba v COP; Napoleon Osayande v COP (1985).
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