From the cumulative summary of the foregoing authorities, it is clear that the existence of the principle is entirely a question of fact for purpose of establishing whether the parties and their privies, the facts in issue and the subject matter of the claim are the same in both the previous and the present suits. The plea of res judicata is of a special nature as it operates not only against the parties but also the court itself and robs it of its jurisdiction to entertain the same cause of action on the same issues previously determined between the same parties by a court of competent jurisdiction.
— C.B. Ogunbiyi, JSC. Ogbolosingha v. B.S.I.E.C. (2015) – SC.165/2013