DECISION OF COURT REMAINS VALID

COURT MUST CONFINE ITS DECISION TO THE PARTIES AND CLAIMS

The law is settled that a Court can only exercise its jurisdiction or power over parties before it and strictly in respect of the case between them upon issues raised and reliefs sought. It cannot do so concerning, and to the extent it may affect persons who are not parties before it and must resist the temptation to make pronouncement to that end. The Court must confine its decision to the parties and their claims. See Ojogbue v Nnubia (1972) 1 ALL NLR (Pt.2) 226; Ochonma v Unosi (1965) NMLR 321; Labide v Regd. Trustee Cherubim & Seraphim (2003) FWLR (Pt. 142) 89 at 105 Paragraphs G-H; Intercontractors (Nig) Ltd v UAC of (Nig) Ltd (1988) 2 NWLR (Pt. 76) 303; Green v Green (1987) NWLR (Pt 61) 481.

— P.A. Galumje, JSC. Huebner v Aeronautical Ind. Eng. (2017) – SC.198/2006

DELIBERATE DECISION TAKING BY COUNSEL FOR CLIENT IS BINDING

Supreme Court made this very clear in Akanbi v Alao (1989) 3 NWLR (Pt.108) 143, Per Eso JSC as follows: – “I think it would be extending Ibodo v Enarofia case beyond reason if every considered or assumed considered professional decision of a counsel which has gone wrong should qualify as ground of appeal. We did say once, and I am still of the firm view that the conduct of a case lies wholly with counsel. The rule really should be “caveat client”. If you choose a counsel, you should permit him, once seised of the case to conduct the case in the manner of his professional ability. Indeed that is part of the independence of the Bar. If there is lapse in his office, his clerk forgetting to file some papers, he forgetting the date of hearing or such like procedural errors, of course the client should not be made to suffer. If however, he takes a deliberate decision and loses thereby, then, it is his privilege to lose and that will constitute a right for the client for utilization as a ground of appeal. For, if it were not so, the profession would be in jeopardy”.

IT IS PRINCIPLE OF A DECISION THAT APPLIES

I shall now consider what really was decided in these two cases and see if the principles of those decisions (not the dicta) apply to the facts and circumstances of the case now on appeal.

– Oputa, JSC. Green v. Green (1987)

DECISION OF THE SUPREME COURT IS FINAL

In FBN Plc v. TSA Ind. Ltd (2012) LPELR 4714 SC, this Court stated as follows: “There is no doubt that this Court does not have the power or competence or jurisdiction to consider an application to review its judgment once delivered. The Supreme Court being the final Court of Justice of Nigeria, its decision is final and cannot be altered or reviewed by any other Court or by itself except by itself on exceptional and specific circumstances.”