It is now a settled law that a judgement of a court must
demonstrate in full a dispassionate consideration of all issues
properly raised and heard and must reflect on the result of such
exercise. In other words, it must show a clear resolution of all
issues that arise for decision in a case and end up with an
ultimate verdict which flows logically from facts as pleaded.
Failure on the part of a plaintiff to prove his case does not
automatically mean that judgement must be given in favour of the
defendant. Where the defendant is also unable to prove his defence
on the preponderance of evidence, his case will also be thrown out.
That is the basis of the principle of law that a plaintiff and
defendant cannot rely on the weakness of the case of parties.
It is also an elementary law that the court need to consider the
totality of evidence before the court in arriving at its
judgement.
A court can grant a relief which is not sought for but flow from
the facts and the cause of action.
It is, of course, trite law that a court cannot award more than
it claimed. It is equally misconceived that an order cannot be made
because it was not sought. An order not sought can be granted in as
much as it flowed from the evidence and more so if the justice of
the case demands.
I am therefore unable to see the basis of the argument that the
court granted a relief not sought. Have we seen the defence of
David Lyon? There is no doubt both of them wanted to be declared as
the winner. And from the evidence, if it is found that there was no
proper primaries conducted to declare any of the parties winner,
the judge can decline to grant any of their reliefs and make an
order nullifying the primary.
See F.A.T.B v. Ezegbu(1993) 6 N.W.L.R(Pt 297). Also instructive
is the case of Frederick Obayagbona & Anor (1972) 5 S.C 247 at
254. See also Apostolic Church v. Olowoleni( a supreme court
case).
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CP John B. Abang of Anambra
Police
Doctors Removes 26 Fibroids from a Patient in Police
Clinic
-Urges the Public to patronize the facilities.
It would be recalled that on the 24/9/2019 the Force Medical
officer AIG Obembe O. Modupe MBBS, FMCOph paid a one day working
visit to Anambra State Police Command to inspect medical facilities
in the State in compliance with the directive of the Inspector-
general of Police IGP Mohammed Abubakar Adamu NPM, mni.
2. Following the visit by the Force Medical officer and
subsequent upgrade of it’s facilities, the Police Medical Services
in Anambra State has recorded its first ever Surgery yesterday
23/11/2019 after three hours of successful operation and removal of
26 fibroids from a patient at the Police clinic CPS Awka in Anambra
State.
3. This feat was achieved through the active support of the
commissioner of Police Anambra State Command CP John
B.Abang,fdc.
4. The police hospital is open to the public too as well as
referrals as part of the Command efforts towards enhancing Police
Community Relations.
5.The Public are enjoined to take advantage of this opportunity
and patronize the facilities for a qualitative and affordable
health care delivery through a professionally trained and humane
Staff who maintains absolute confidentiality and respects patient
rights while discharging their duties.
SP Haruna Mohammed PPRO Anambra State Police Command,
For-Commissioner of Police Anambra State Police Command.