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

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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.”

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EFFECT OF SECTION 22 SUPREME COURT ACT

Section 22 of the Supreme Court Act, 1960, empowers this Court to amend any defect or error In the record of appeal, and gives it full jurisdiction over the whole proceedings as If the proceedings had been instituted and prosecuted in the Court as a court of first instance, which would include power to permit the amendment sought.

— Brett JSC. Benson v. Ashiru (1967) – SC. 405/1965

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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

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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

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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

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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)

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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)

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