UNIT 10

CLOSING ADDRESS

The closing address is the final opportunity for the parties in a civil trial to summarize their case before the court. It allows each party to highlight the evidence presented, draw attention to the weaknesses in the opponent’s case, and reinforce their legal arguments. The closing address is crucial as it can significantly influence the judge’s perception and eventual decision. In Nigeria, both the plaintiff and the defendant have the right to present a closing address. The plaintiff, having the burden of proof, usually goes first, followed by the defendant. If there is a counterclaim, the order may be adjusted, allowing the defendant to address the court on the counterclaim. The closing address can be presented orally or in writing, depending on the court’s directions. Written addresses are more common in complex cases, allowing for detailed legal arguments. In either format, clarity, logical flow, and persuasive language are essential. See the case of Omo v. JSC Delta State (2000) 12 NWLR (Pt. 682) 444, where the supreme court reiterated the significance of the closing address in influencing judicial decisions. A well-structured closing address do the following:

1. Summarize the evidence: it should highlight the key pieces of evidence that support the party’s case.
2. Legal arguments: it should restate the legal principles that apply to the case, citing relevant statutes and case law.
3. Address opponent’s case: it should also point out the flaws, inconsistencies, or weaknesses in the opponent’s evidence or arguments.
4. Conclusion: it should end with a clear statement of the relief sought from the court.

JUDGMENT

Judgment in civil litigation is the official decision or ruling of the court on the matters in dispute between the parties. It marks the conclusion of the trial and determines the rights and obligations of the parties. Judgments must be delivered in open court, either immediately after the trial or on a later date, which the court will notify the parties. See section 294(1) of the 1999 constitution of the federal republic of Nigeria (as amended) where judgments must be delivered within 90 days after the conclusion of the hearing and the case of Akeredolu v. Akinremi (1989) 3 NWLR (Pt. 108) 164 which highlights the necessity of a judgment being based on the evidence and legal arguments presented during the trial and also the case of Onyesoh v. Nnebedum (1992) 3 NWLR (Pt. 229) 315 which discusses the consequences of a judgment not being delivered within the constitutional timeframe. A valid judgment must include the following:

1. Introduction: this identifies the parties, the court, and the subject matter of the case.
2. Summary of facts: this is a brief outline of the facts as presented by both parties.
3. Evaluation of evidence: this is the judge’s analysis of the evidence, including which pieces of evidence are accepted or rejected and why.
4. Application of law: this is the legal principles applied to the facts, with references to relevant statutes and case law.
5. Final decision: this is the conclusion reached by the judge, stating who wins the case and what remedies are granted.

Once judgment is delivered, several actions may follow and these includes:

1. Enforcement: this happens where the successful party may take steps to enforce the judgment if the losing party fails to comply.
2. Appeals: this is where the aggrieved party has the right to appeal the judgment within the stipulated time, as provided by the court of appeal act and other relevant statutes.
3. Costs: The judgment may include an order for costs, where the losing party is required to pay the legal expenses of the winning party.

CONCLUSION

The closing address and judgment are pivotal stages in civil litigation. The closing address allows each party to succinctly present their case and persuade the judge, while the judgment is the final decision that resolves the dispute. Both stages are governed by specific rules and principles, and understanding them is essential for any legal practitioner involved in civil litigation in Nigeria.