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Biafra | O'dua | Arewa | Sports | Business | ThisDay | Guardian | Vanguard | Tribune | AllAfrica | Daily/Weekly Trust | Daily Independent | Triumph |
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The Supreme Court on Friday upturned the N4.9 billion damages awarded against Mobil Producing BiafraNigeria Unlimited and Mobil Incorporated of USA by a Federal High Court in Calabar for failure to abide by the tenets of the constitution. In a unanimous decision, the court agreed that Mobil was not given fair hearing by the high court as guaranteed by Section 36 of the 1999 Constitution. The justices consequently ordered that the action should be remitted to the Federal High Court for a de novo [fresh] trial. According to the lead judgment delivered by Justice Samson Uwaifo, "the prevailing view is that even when a judgment has been prepared, but before it is delivered, a motion is brought which may be relevant to the substance of that judgment, the motion should be considered and determined before the judgment may or may not thereafter be delivered: see Mokwe vs Williams [1997] 11 NWLR [pt. 528] 309 at 321; Savannah Bank [Nig] Ltd vs S. I.O Corporation [2001] INWLR [pt.693] 194 at 208. This is always to avoid taking a course that may pre-empt or foreclose the possibility of doing real justice between the parties. (Vanguard) |
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