SOME CASES WHERE THE SUPREME COURT HAS OVERRULED ITSELF

CONDITIONS FOR THE EXERCISE OF SECTION 22 OF THE SUPREME COURT ACT

In determining whether the conditions surrounding an appeal before the Supreme court are conducive to the exercise of its general power under section 22 of the Supreme Court act as if the proceedings had been instituted and prosecuted before it as a court of first instance, the court will consider the followings: (a) The Availability before it of all the necessary materials on which to consider the request of the party. (b) The length of time between the disposal of the action in the court below and the hearing of the appeal at the Supreme Court. (c) The interest of justice to eliminate further delay in the hearing of the matter and minimize the hardship of the party.

– Tobi JSC. Odedo v. INEC (2008)

NIGERIAN CASES WHERE THE SUPREME COURT OVERRULED ITSELF

Again where there is a real likelihood of injustice being perpetuated this court has, in the recent past had occasion to over-rule itself. See Bucknor-Maclean v. Inlaks Ltd. (1980) 8-11 S.C. 1) – wherein this court over-ruled its previous decision in Shell B.P. v. Jammal Engineering (1974) 1 ALL N.L.R. 543 and Owumi v. P.Z. (1974) 1 ALL N.L.R. Part 2-on the above ground.

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

SUPREME COURT CANNOT THROUGH SECTION 22 OF ITS ACT DO WHAT THE TRIAL CANNOT DO

One of the most recent cases decided by this court is the case of Towowomo v Ajayi (unreported) Appeal No. SC/CV/152/2022 delivered on 27/1/2023 wherein this court stated as follows: “In the circumstances of this case, this court cannot activate section 22 of the Supreme Court Act 2004 since the 180 days provided by the Constitution to determine the Appellant’s claim at the trial court has lapsed since 1st January, 2023. The originating summons was filed on 5/7/22 and expired on 1/1/23 at the Federal High Court. This appeal was taken on 2/1/23 and there is no opportunity for the contentious issue offacts in controversy in this appeal to be sent back to the trial court. See Ezenwankwo v APGA & ors (2022) LPELR 57884 (SC). The issue of the merit of the allegations of false information was not tried by the two lower courts and cannot be tried by this court pursuant to section 22 of the Supreme Court Act. This court cannot do what the trial court is no longer 32 constitutionally permitted to do by virtue of section 285 of the Constitution.”

INVOKING SECTION 22 OF THE SUPREME COURT ACT 1960 ON A MATTER OF LAW ONLY

I think the issue can now be examined by this Court by virtue of Section 22 of the Supreme Court Act, 1960. It does not require any further evidence. The existence of the depositions is not in dispute. Indeed, the nature of the depositions is open to interpretation only. The exercise therefore becomes a matter of law alone: see Orji v Zaria Industries Ltd (1992) 1 NWLR (Part 216) 124 at 141 where a similar exercise carried out by the Court of Appeal when the trial court failed to do so was approved by this Court. See also National Bank of Nigeria Ltd v Guthrie (Nigeria) Ltd (1993) 3 NWLR (Part 284) 643 at 659-660; Katto v Central Bank of Nigeria (1999) 6 NWLR (Part 607) 390 at 407-408.

— Uwaifo, JSC. Bamaiyi v State (SC 292/2000, Supreme Court, 6th April 2001)

MORE AUTHORITIES WILL NOT MAKE THE COURT DEPART FROM HIS EARLIER STANCE

It seems to me that the authority could justify the stance taken by Chief Williams in the presentation of his arguments when he seemed, with respect, to have presented the same arguments as he did in the Ifezue case, but now with more authorities and emphasis. However I am of the clear view that for this Court to depart from its decision in a previous case, the arguments must bring some fresh elements not just more authorities which had not been adverted to in the earlier proceedings, or that there have been new developments, even in the socio-economic or political stance of the country, especially when the matter under consideration is a matter that is provided for by the Constitution, to warrant the Court to change its earlier stand. In this case, I have gone through the profound submissions of Chief Williams and it seems to me, with utmost respect, that all the learned senior advocate has succeeded in doing is to re-argue the Ifezue case with more authorities on the same points as earlier canvassed or at least to regard the present case as an appeal over the Ifezue case. I do not think that would be sufficient to persuade me to reconsider my earlier stand in the Ifezue case.

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

SUPREME COURT CANNOT DEAL ON ISSUES DIRECTLY FROM THE HIGH COURT

Another point worthy of mentioning in passing is that the issues for determination as formulated by the respondent’s Counsel indicate discussions on the treatment of the matters raised as dealt with by the trial High Court. This court has clearly and obviously no jurisdiction to hear and consider appeals from the decisions of the High Court. The jurisdiction of this Court is limited to a complaint on a decision of the Court of Appeal and the issues formulated by the respondent are only concerned with the decision of the trial High Court. It is for the above, that I consider the respondent’s brief incompetent and is accordingly struck out by me. I shall discuss this appeal by reference only to the appellant’s brief argument.

— Musdapher, JSC. Shittu & Ors. v Fashawe [2005] – SC 21/2001