The decision of a trial Court would not be set aside merely because this Court would have employed a different procedure for the evaluation of the evidence, drawn different inferences and reached different conclusion on some or even all of the facts. The important thing is that the decision of a trial Court can be apparently supported by the evidence placed before it.
– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05
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In sum, I hold firmly that where a judgment of this court or an order thereof is adjudged a nullity, a party affected thereby is entitled to have it set aside ex debito justitiae. The court has inherent jurisdiction or power to set aside its own order or decision made without jurisdiction if such order or decision is in fact a nullity or was obtained by fraud or if the court was misled into granting same by concealing some vital information or facts. See Igwe v. Kalu (supra), Vulcan Gases Ltd v. G.F. Ind. AC (2001) 9 NWLR (pt.719) 610 at 644 – 645 paras H – A.
— J.I. Okoro JSC. Citec v. Francis (SC.116/2011, 21 February 2014)
My humble view is that the word “interlocutory” simply means “(of an order, judgment, appeal, etc) interim or temporary; not constituting a final resolution of the whole controversy.” A “ruling” is “the outcome of a Court’s decision either on some points of law or on the case as a whole.” See Blacks Law Dictionary, 9th edition, pages 889 and 1450.
— J.T. Tur, JCA. Abdulkardir Abacha v Kurastic [2014] – CA/A/406/2010
A decision is perverse where, for example, it has been shown that the trial court (or the court below) took into account matters which it ought not to have taken into account or where the decision has occasioned a miscarriage of justice.
— Kekere-Ekun JSC. Uzodinma v. Ihedioha (2020)
By canvassing in this court matters decided in the trial Court and not adverted to in the Court of Appeal, without leave having been obtained to argue matters not argued in the Court of Appeal, such matters or issues are incompetently before this court and will be discountenanced. This Court is only competent to entertain appeals from the Court of Appeal and not from any court below the Court of Appeal. Ogoyi v. Umagba (1995) 9 NWLR (Pt.419) 283, 293; Oduntan v. General Oil Ltd. (1995) 4 NWLR (Pt. 387) 1, 101. Similarly the appellate court will deal only with matters duly canvassed at the trial court and appealed against. The issues of fair-hearing or breach of Sections 20,21 and 22(6) of the Chiefs Law never came into argument at the trial Court nor at the Court of Appeal, and no leave having been obtained to argue them as novel issues not raised in the courts below, are not competent for argument in this court. There was no pronouncement on these issues at the trial court, and no appeal was lodged on this failure in the Court of Appeal, it is therefore incompetent in this court for the appellants to start raising issues of lack of fair hearing, or breach of natural justice in the conduct of investigation into the selection of Baale of Isundunrin. In the absence of a decision on a point, and that point has been canvassed at the trial court, the course open to the party aggrieved is to appeal against that non-decision. Saude v. Abdullahi (1989) 4 NWLR (Pt. 116) 387, 433, 434; Adesokan v. Adetunji (1994) 5 NWLR (Pt.346) 540, 575, 576.
— Belgore, JSC. Ogundare v Ogunlowo (1997) – SC.25/1994
The tribunal or court must base its conclusion on the facts before it and nothing but the facts. The tribunal or court cannot introduce facts not before it. The tribunal or court must confine itself to the facts before it. It has no jurisdiction to read into the Record facts not presented by the parties. It cannot also read out of the record facts presented by the parties. It seems I am repeating myself. Repetition is, at times, useful for emphasis and so be it.
— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008
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.”
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