The concept of Adjournment is one of the common procedural instruments which runs through the fabric of every judicial system. It is a familiar term used in legal proceedings to shift the hearing to a future date in order to facilitate justice. According to the Blacks law Dictionary, Adjournment means “A putting off or postponing of business or of a session until another time or place; the act of a court, legislative body, public meeting, or officer, by which the session or assembly is dissolved, either temporarily or finally, and the business in hand dismissed from consideration, either definitely or for an interval.”
The term Adjournment was further given judicial interpretation by the court in the case of AIB LTD v. UBA PLC (2014) LPELR-CA/K/197/2005 where to adjourn was described to mean “to postpone or stop a trial for a period of time, or defer or postpone a matter to some future time, either specified or not specified. Thus, adjournment is of duo forms; either be temporary or final. A temporary adjournment is a postponement of trial to a future specified date, while a final adjourns, also known as adjournment sine die, means a matter is adjourned or stayed indefinitely without a future date being arranged. Adjournment sine die usually occurs when there is no prospect of continuing the action at that time. Here, the hearing stands open indefinitely and could theoretically be resumed if the situation changed.
The courts have further affirmed in the case of Saleh v. Monguno (2003) NWLR (pt 801) pg 221 at 250-251 paras. H-A, that “it is a well settled position of law that the question whether or not to grant an adjournment in a matter is within the discretion of the court, which discretion must be exercised both judicially and judiciously” Therefore, the attitude of the courts towards the granting of adjournment is one of “Judicial and Judicious” employment towards the eventual dispensation of Justice as posited by the court in the case of SALU V. EGEIBON (1994) LPELR-SC.67/1987. This means that the onus lies on the applicant for adjournment to place before the Court sufficient material, containing compelling grounds and circumstances, to enable it exercise the discretion in his favour, otherwise, the application would be refused, as held in TUESDAY & ANOR v. ADEJIDE & ORS (2019) LPELR-CA/A/EPT/481/2019.
Another term that is used in place of Adjournment is Continuance, as both are meant to bring about a postponement in trial. However, continuance is not used in Nigerian courts, but exercisable in jurisdictions like the United States of America.
Excerpt
With the recent train of election proceeding, the term adjournment is a reoccurring parlance in every reported cases. Adjournment is one of the common procedural instruments which runs through the fabric of every judicial system. It is a familiar term used in legal proceedings to shift the hearing to a future date in order to facilitate justice.
adjournment is of duo forms; either be temporary or final. A temporary adjournment is a postponement of trial to a future specified date, while a final adjourns, also known as adjournment sine die, means a matter is adjourned or stayed indefinitely without a future date being arranged. The attitude of the courts towards the granting of adjournment is one of “Judicial and Judicious” and it is granted at the discretion of the court
Another term that is used in place of Adjournment is Continuance, as both are meant to bring about a postponement in trial. However, continuance is not used in Nigerian courts, but exercisable in jurisdictions like the United States of America.
Post a Comment