EFFECT OF SECTION 22 SUPREME COURT ACT

SOME CASES WHERE THE SUPREME COURT HAS OVERRULED ITSELF

Counsel then referred first to American authorities to indicate that the Supreme Court of the US has frequently overruled itself. These cases are: Brown v. Board of Education 98 L Ed 873, 38A LR 2nd 1180 (overruling Plessy v. Fergusson 41 L Ed 216 on racial segregation matters) Girouard v. U.S. 90 L Ed 1084 (overruling US v. Schwimmer 73 L Ed 889) West Virginia State Board of Education v. Barnette 87 L Ed 1628, 147 A.L.R. 674 (overruling Minersville School Dist. v. Gobitis 84 L. Ed. 1375, 127 A.L.R. 1493 as to constitutionality of requirements to salute the flag of USA).

— Obaseki, JSC. Odi v Osafile (1985) – SC.144/1983

THE SUPREME COURT HAS THE POWER TO OVERRULE ITSELF

Adegoke Motors Ltd v. Dr. Adesanya & Anor (1986) 3 NWLR (Pt. 109) 250 at 274; (1989) 5 SCNJ 80, inter alia, thus; “We are final not because we are infallible; rather we are infallible because we are final, Justices of this Court are human beings, capable of erring. It will certainly be short-sighted arrogance not to accept this obvious truth. It is also true that this Court can do inestimable good through its wise decisions. Similarly, the Court can do incalculable harm through its mistakes. When therefore it appears to learned Counsel that any decision of this Court has been given per incuriam, such Counsel should have the boldness and courage to ask that such decision shall be over-ruled. This Court has the power to overrule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to preserve an error.”

SUPREME COURT CANNOT HEAR APPEALS DIRECTLY FROM THE HIGH COURT

However, grounds two and three of the appellants’ amended notice of appeal from which the appellants distilled issue number two for determination are incompetent. The two grounds of appeal are complaints against the decision of the learned trial Judge and are proper grounds of appeal in the court below. This court has no jurisdiction to hear appeals direct from the High Court. Grounds two and three of the grounds of appeal being incompetent are hereby struck out together with arguments on issue number two in the appellants’ brief. The court is therefore left with the first, third and fourth issues formulated by the appellants and issues one, four and five identified by the respondents.

— Ogwuegbu, JSC. Kele & Ors. v Nwererebere & Ors. (1998) – SC. 76/1991

THE SUPREME COURT AS A POLICY COURT HAS TO PREVENT VEXATIOUS APPEALS

This court is a policy court and it has a responsibility of ensuring that vexatious or manifestly incompetent appeals and actions are not brought before it or before any court at all. The Supreme Court as an institution must strongly stand against and discourage the filing of suits that ridicule the judiciary as a whole. The instant appeal and the suit that gave rise to it are a colossal and an unnecessary fool’s errand. Counsel should do better to advise and discourage their clients against filing these sort of actions in the future.

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

SUPREME COURT SHOULD INFREQUENTLY USE ITS POWERS DONATED IN SECTION 22

[W]e decided to hear counsel on both sides on the point, even though it was a point which could have been properly raised under a respondents’ notice. This course is of course permitted by the Rules (see, for example, Order 8 rule 3(6) of the Supreme Court Rules, 1985). Besides, our consideration of the point is necessary for the determination of the real question in controversy in the appeal within the meaning of Section 22 of the Supreme Court Act. Indeed it is envisaged by the subsidiary issue framed for the appellants in their brief. But let me emphasize that although such powers, no doubt, exist, they are such that this court does not want to make a habit of drawing therefrom constantly so that it does not give the wrong impression that it is taking sides in matters in controversy before it. A respondent’s counsel should always make his own decision and file a respondent’s notice whenever necessary, otherwise he may find that he cannot advance a certain line of argument. I am invoking the power in this case because it is necessary for my decision in the case and has been raised by the subsidiary issue and was fully argued.

— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

THE SUPREME COURT CANNOT SIT ON APPEAL OVER ITS OWN DECISION

Having said that may I state that by virtue of Section 235 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Supreme Court cannot sit on appeal over its own judgment. The provision gives a stamp of finality to any decision of the Supreme Court. There is no constitutional provision for the review of the judgment of the Supreme Court by itself. See Eleazor Obioha v. Innocent Ibero and Anor (1994) 1 NWLR (pt.322) 503. However, it has been held by this court that the Supreme Court possesses inherent power to set aside its judgment in appropriate cases but that such inherent jurisdiction cannot be converted into an appellate jurisdiction as though the matter before it is another appeal, intended to afford the losing litigants yet another opportunity to re-state or re-argue their appeal.

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