SOME CASES WHERE THE SUPREME COURT HAS OVERRULED ITSELF

SUPREME COURT HAS THE POWER TO OVERRULE ITSELF

My simple answer is that it is not part of the jurisdiction or duties of this Court to go on looking for imaginary conflicts. 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 a decision be over-ruled. This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error. Learned counsel has not asked us to over-rule either Skenconsult or Ezomo supra. If that was what was wanted, the Briefs should have said so specifically and the Chief Justice of the Federation would have gladly empanelled a Full Court.

– Oputa, JSC. Adegoke v. Adesanya (1989)

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.”

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 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)

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)