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APPLICANT SEEKING TO SET ASIDE ORDER/JUDGEMENT OF THE SUPREME COURT MUST SHOW NON-COMPLIANCE WITH THE RULES

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Dictum

From the above rule of this court, an applicant seeking to set aside any order or judgment given as per these rules, must show evidence of non-compliance with the rules or for other irregularities arising from the rules of practice and procedure in the court. Reading through the facts leading to this application, one would readily see that there was some non-compliance due to lapses caused by the Appellants/Respondents and the Registry of this Court.

— J.I. Okoro JSC. Citec v. Francis (SC.116/2011, 21 February 2014)

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A COURT HAS INHERENT POWERS TO SET ASIDE ITS OWN ORDER MADE WITHOUT

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)

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A COURT OF RECORDS HAS THE INHERENT POWERS TO SET ASIDE ITS DECISION WHERE

The Supreme Court, and any other superior court of record, possesses inherent power to set aside its judgment in appropriate cases. Such circumstances include: a. When the judgment is obtained by fraud or deceit b. When the judgment is a nullity and a person affected by the order is entitled ex debito justitiae to have it set aside. c. When the court was misled into giving judgment under the mistaken belief that the parties had consented to it. d. Where judgment was given in the absence of jurisdiction. e. Where the procedure adopted was such as to deprive the decision or judgment of the character of a legitimate adjudication. See: Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt.109) 250; A.D.H. Ltd. v. Amalgamated Trustees Ltd, (2007) ALL FWLR (Pt.392) 1781 @ 1840 C – F; Alao v. A.C.B. Ltd. (2000) FWLR (Pt. 11) 1858; (2000) 9 NWLR (Pt.672) 264; Igwe v. Kalu (2002) 14 NWLR (Pt.787) 435; Madukolu v. Nkemdilim (1962) SCNLR 341; Obimonure v. Erinosho (1966) All NLR 245.

— K.M.O. Kekere-Ekun JSC. Citec v. Francis (SC.116/2011, 21 February 2014)

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COURT HAS JURISDICTION TO SET ASIDE ITS OWN DECISION MADE IN MISTAKE OR MISREPRESENTATION

The court in its inherent jurisdiction has definite jurisdiction or power to set aside its own order or decision made without jurisdiction if such order or decision is in fact a nullity and an appeal in such circumstance cannot be said to be necessary. It can thus be said that outside the appellate procedure, a judgment or order can be set aside if it is a nullity or where a court was misled into giving the judgment by some mistake, believing that the parties consented to its being given, whereas, in fact, they did not. See Craig v. Kanseen (1943) K.B. 256 or (1943) 1 All ER 108 at 113; Okoli Ojiako and others v. Onwuma Ogueze and Ors. (1962) 1 All NLR 58; Ekerete v. Eke 6 NLR 118.

— Iguh JSC. Vulcan Gases Limited V. Gesellschaft Fur Industries Gasverwertung A.G.(G.I.V.) ( SC.67/1995, 4th May 2001)

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