Written address

• Pages: 36-37

36

(6) WRITTEN ADDRESS

72. Affidavit evidence.

“The only affidavits before this Court are those filed by the applicants. They

have not been controverted and therefore the facts therein must be taken as

true: see Alagbe v. Abimbola (1978) 2 S.C. 39 at 40. The said facts show that

the property is family property under the control of the 1st applicant; the

respondent is a younger brother of the 1st applicant; he is rushing a development

project on the land in a way as to change the present user; there is an appeal

pending in this Court in respect of a judgment affecting the property.” Per Uwaifo,

J.C.A., in Egbuna v. Egbuna (1989) 2 N.W.L.R. (Pt. 106) 773 at 777.

73. Importance of addresses of counsel.

“It is trite law that addresses are integral and important part of judicial proceeding the

absence of which could be capable of rendering a trial a nullity. See Amough v. Zaki

(supra); Salami v. Odogun (supra); Ndu v. State (1990) 7 N.W.L.R. (Pt. 164) 550

at 560; Dawodu v. N.P.C. (2000) 6 W.R.N. 116 at 124. However, in the instant

appeal the parties were afforded opportunity to present their written addresses despite

time constraint and all of them filed such addresses and the Tribunal duly considered

the addresses in its judgment.” Per Sanusi, J.C.A., in Bayo v. Njidda (2004) 8

N.W.L.R. (Pt. 876) 544 at 606.

74. Principles governing filing of written addresses.

“It is the submissions of one of the counsel that the Court was wrong in ordering the

parties to file written addresses. Even if the Electoral Act, 2002 or the rules of Court

applicable is silent on the filing of written addresses but counsel can consent expressly

or impliedly to file written addresses and in fact filed such addresses. They cannot

later be heard complaining. In this situation therefore the proceedings cannot be

nullified simply because the rules are not strictly complied with. See Uzoma v. Okorie

(2000) 15 N.W.L.R. (Pt. 692) 882 at 888.” Per Sanusi, J.C.A., in Bayo v. Njidda

(2004) 8 N.W.L.R. (Pt. 876) 544 at 606.

75. Proper course where trial Court orders written address.

“Admittedly, the Tribunal from what transpired during the hearing did not make any

order on the method of filing, or service of the counsel’s addresses. It also did not fix

time for the adoption of the addresses as required by procedural law. In the case of

Amough v. Zaki (supra) this Court held per Oguntade, J.C.A., that: “….It may be a

wise course to adopt where a Judge has directed for written addresses to be delivered

before judgment, for the judge concerned to first fix a day for mention to consider

whether order as to written addresses has been complied with before fixing a date

for judgment.” Per Sanusi, J.C.A., in Bayo v. Njidda (2004) 8 N.W.L.R. (Pt. 876)

544 at 603.