JUDGMENT AND ORDER – REASON FOR JUDGMENT – Whether an appellate Court is concerned with the correctness of the decision of the Court from which the appeal it is handling has emanated and not the reasons given


“…However, it is not the reasons for a judgment but the correctness of the decision that matters. In MTN V. CORPORATE COMMUNICATION INVESTMENT LTD (2019) LPELR-47042(SC) Pp. 18-19, paras. F-B, this Court held thus: “As rightly submitted by learned counsel for the respondent, an appellate Court is more concerned with whether the decision reached by the lower Court is correct and not necessarily whether a wrong reason was given for reaching a right decision. See Arisa Vs The State (1988) 3 NWLR (Pt. 83) 386, Ojengbede vs Esan & Anor. (2001) 18 NWLR (Pt. 746) 771. If the decision is right, it will be upheld notwithstanding the fact that a wrong reason was given for the decision. It is only where the misdirection has caused the Court to come to a wrong decision that it would be material. See Oladele & Ors Vs Aromolaran II & Ors. (1996) 6 NWLR (Pt.453) 180.” Per HELEN MORONKEJI OGUNWUMIJU, JSC in NIDB & ANOR v. KAN BISCUITS CO. LTD (2022-LCER-46534-SC) (Pp 17 – 18; Paras F – D)

Add to LawKit (0)