Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments

Kingsley Omote Mrabure; Stella Oloaigbe Idehen

doi:doi:10.11648/j.ijls.20210402.13

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Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments

Kingsley Omote Mrabure, Stella Oloaigbe Idehen

Published in International Journal of Law and Society (Volume 4, Issue 2)

Received: 27 March 2021 Accepted: 13 April 2021 Published: 26 April 2021

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Abstract

The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, the Court’s powers to review its judgment based accidental slip or omission, clerical error or to vary a judgment or order to give effect to its purpose or intention that occasioned miscarriage of justice. Second, the Court’s power to review, that is, sit as an appellate Court on its judgments. Plethora of Supreme Court judgments in both jurisdictions was examined in dealing with the two germane issues raised. The paper concludes that in respect of the former, such power enures the Court while in case of the latter, such power does not enure it. It calls for amendment of applicable laws so that the Court can sit as an appellate Court on its judgments. It however cautions that this power of review should be rarely exercised unless there exist a clear case of gross miscarriage of justice based on strong compelling facts.

Published in	International Journal of Law and Society (Volume 4, Issue 2)
DOI	10.11648/j.ijls.20210402.13
Page(s)	77-82
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Supreme Court, Power of Review, Judgments, Nigeria, Ghana

References

[1]	(1991) 4 SCNJ 1. Francis Asanya v The State.
[2]	(1985) 1 NWLR. (Part 1) 17. Odi v. Osafile.
[3]	(1980) 8-11 S. C. 1. Bucknor-MacLean and Anor. v. Inlaks Ltd.
[4]	(2017) 2 NWLR (Pt. 1549) 175. Elias v Ecobank Nigeria Plc.
[5]	(2000) 2 NWLR (Pt. 643) 143. Johnson v Irene Lawanson.
[6]	Suit No. SC. 13/1999. Olorunfemi v. Asho.
[7]	(2015) NWLR (Pt. 1483) 484. Barrister Oriker Jev & Ors. v. Iyortom & Ors.
[8]	This power of review, that is, the Court sitting as appellate Court over its own judgment is different from the power of the Supreme Court to overrule its earlier decisions. For instance, the Supreme Court overruled Ariyo v. Ogele (1968) N. M. L. R 153, the W. A. C. A decisions in Horfall v. Amachree (1938) 4 WACA 18 and Ekeleme v. Ugwuire (1942) 8 WACA 224 In these cases, the West African Court of Appeal had held on a case stated that where an order had been made under section 36 (1) (b) of the Native Courts Ordinance (renumbered as, s. 40 (1) (b) in the Laws of Nigeria, 1948 edition) that a suit raising an issue as to the title of land should be reheard in a magistrate’s court, the Magistrate was not exercising original jurisdiction, and had jurisdiction to hear the suit. In overruling the cases, the Supreme Court observed that the W. A. C. A. gave no reasons for the decisions. A Magistrate has no original jurisdiction to hear issues as to title to land and these decisions have the effect of conferring such jurisdiction contrary to section 19 (1) of the Magistrates’ Courts Ordinance. Therefore, before the Supreme Court being the highest court of the land can overrule its previous decisions, it will only do so in the interest of justice (Odi v. Osafile (1985) 1 N. W. L. R. (pt. 1) 17). In the latter, as buttressed above, the Court sits as an appellate court to hear a case on appeal from the Court of Appeal or to hear a case as of right based on the power conferred on it by the Constitution based on disputes between the Federal Government and States and a host of others.
[9]	(2007) 11 NWLR (Pt. 1046) 565. Ubah v INEC.
[10]	(2008) 5 NWLR (Pt. 1080) 227. Omehia v Chibuike Rotimi Amaechi The Supreme Court by the decision wanted to instill internal democracy in the conduct of primary elections by political parties.
[11]	SC. 18/2012. Ogboru v Uduaghan.
[12]	SC 377/2019. INEC v Zamfara APC By this decision, the Court once again re-echoed as it did in 2007 in Amaechi’s case the need for internal democracy to be enshrined in primary elections conducted by political parties.
[13]	SC/1/2020. Peoples Democratic Party (PDP) & 2 Others v. Biobara & 3 Others.
[14]	1st respondent in his sworn INEC Form C F001, his name was Biobarakuma Degi – Eremienyo; the name in his school leaving certificate issued in 1978 was Degi Biobragha; his WAEC/GCE in 1984 bears the name Adegi Brokumo; his first degree bears the name Degi Biobrakuma Wangawa; in his affidavit of correction and confirmation of name sworn on 9 August, 2018, he asserted that his correct name was Biobarakuma Degi. In another affidavit of regularization of name sworn to 18 September, 2018, deposed before a Notary Public on a letter headed, he averred that while re-sitting for WASC examination, the alphabet ‘A’ was inadvertently added to his surname to read thus: “Biobarakuwa Wanagba Adegi and same was captured in the certificate he obtained.
[15]	SC1462/2019. Uzodinma and others v Ihedioha and others.
[16]	SC 1/2020. Emeka Ihedioha and others v APC and others.
[17]	Ajiromanus, V. (2020). Seven Reasons Supreme Court can Reverse itself on Imo Guber. Retrieved 12 March 2021, from https://www.vanguardngr.com/2020/01/seven-reasons-supreme-court-can-reverse-itself-on-imo-guber/.
[18]	Above n. 19. SC 1/2020. Emeka Ihedioha and others v APC and others.
[19]	Above n. 16. SC/1/2020. Peoples Democratic Party (PDP) & 2 Others v. Biobara & 3 Others.
[20]	Above n. 15. SC 377/2019. INEC v Zamfara APC By this decision, the Court once again re-echoed as it did in 2007 in Amaechi’s case the need for internal democracy to be enshrined in primary elections conducted by political parties.
[21]	Above n. 14. SC. 18/2012. Ogboru v Uduaghan.
[22]	Above n. 13. (2008) 5 NWLR (Pt. 1080) 227. Omehia v Chibuike Rotimi Amaechi The Supreme Court by the decision wanted to instill internal democracy in the conduct of primary elections by political parties.
[23]	Above n. 12. (2007) 11 NWLR (Pt. 1046) 565. Ubah v INEC.
[24]	(1987) JELR 66837. Fosuhene v Pomaa.
[25]	(2000) JELR 66116. Republic v. Numapau and others; Exparte Ameyau II.
[26]	(1988) JELR 68076. Mechanical Lloyd Assembly Plant Ltd v Nartey.
[27]	(1963) 1 GLR 337. Mosi v Bogyina.
[28]	(1987-88) 2 GLR 295. Bisi v Kwakye.
[29]	(1989-90) 1 GLR 598, at 606. Darbah v Ampah.

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APA Style

Kingsley Omote Mrabure, Stella Oloaigbe Idehen. (2021). Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments. International Journal of Law and Society, 4(2), 77-82. https://doi.org/10.11648/j.ijls.20210402.13

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ACS Style

Kingsley Omote Mrabure; Stella Oloaigbe Idehen. Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments. Int. J. Law Soc. 2021, 4(2), 77-82. doi: 10.11648/j.ijls.20210402.13

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AMA Style

Kingsley Omote Mrabure, Stella Oloaigbe Idehen. Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments. Int J Law Soc. 2021;4(2):77-82. doi: 10.11648/j.ijls.20210402.13

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@article{10.11648/j.ijls.20210402.13,
  author = {Kingsley Omote Mrabure and Stella Oloaigbe Idehen},
  title = {Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {2},
  pages = {77-82},
  doi = {10.11648/j.ijls.20210402.13},
  url = {https://doi.org/10.11648/j.ijls.20210402.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.13},
  abstract = {The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, the Court’s powers to review its judgment based accidental slip or omission, clerical error or to vary a judgment or order to give effect to its purpose or intention that occasioned miscarriage of justice. Second, the Court’s power to review, that is, sit as an appellate Court on its judgments. Plethora of Supreme Court judgments in both jurisdictions was examined in dealing with the two germane issues raised. The paper concludes that in respect of the former, such power enures the Court while in case of the latter, such power does not enure it. It calls for amendment of applicable laws so that the Court can sit as an appellate Court on its judgments. It however cautions that this power of review should be rarely exercised unless there exist a clear case of gross miscarriage of justice based on strong compelling facts.},
 year = {2021}
}

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TY  - JOUR
T1  - Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments
AU  - Kingsley Omote Mrabure
AU  - Stella Oloaigbe Idehen
Y1  - 2021/04/26
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210402.13
DO  - 10.11648/j.ijls.20210402.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 77
EP  - 82
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210402.13
AB  - The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, the Court’s powers to review its judgment based accidental slip or omission, clerical error or to vary a judgment or order to give effect to its purpose or intention that occasioned miscarriage of justice. Second, the Court’s power to review, that is, sit as an appellate Court on its judgments. Plethora of Supreme Court judgments in both jurisdictions was examined in dealing with the two germane issues raised. The paper concludes that in respect of the former, such power enures the Court while in case of the latter, such power does not enure it. It calls for amendment of applicable laws so that the Court can sit as an appellate Court on its judgments. It however cautions that this power of review should be rarely exercised unless there exist a clear case of gross miscarriage of justice based on strong compelling facts.
VL  - 4
IS  - 2
ER  -

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Author Information

Kingsley Omote Mrabure

Faculty of Law (Oleh Campus), Delta State University, Abraka, Nigeria
Stella Oloaigbe Idehen

Faculty of Law, Benson Idahosa University, Benin-City, Nigeria

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APA Style

Kingsley Omote Mrabure, Stella Oloaigbe Idehen. (2021). Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments. International Journal of Law and Society, 4(2), 77-82. https://doi.org/10.11648/j.ijls.20210402.13

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ACS Style

Kingsley Omote Mrabure; Stella Oloaigbe Idehen. Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments. Int. J. Law Soc. 2021, 4(2), 77-82. doi: 10.11648/j.ijls.20210402.13

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AMA Style

Kingsley Omote Mrabure, Stella Oloaigbe Idehen. Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments. Int J Law Soc. 2021;4(2):77-82. doi: 10.11648/j.ijls.20210402.13

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@article{10.11648/j.ijls.20210402.13,
  author = {Kingsley Omote Mrabure and Stella Oloaigbe Idehen},
  title = {Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {2},
  pages = {77-82},
  doi = {10.11648/j.ijls.20210402.13},
  url = {https://doi.org/10.11648/j.ijls.20210402.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.13},
  abstract = {The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, the Court’s powers to review its judgment based accidental slip or omission, clerical error or to vary a judgment or order to give effect to its purpose or intention that occasioned miscarriage of justice. Second, the Court’s power to review, that is, sit as an appellate Court on its judgments. Plethora of Supreme Court judgments in both jurisdictions was examined in dealing with the two germane issues raised. The paper concludes that in respect of the former, such power enures the Court while in case of the latter, such power does not enure it. It calls for amendment of applicable laws so that the Court can sit as an appellate Court on its judgments. It however cautions that this power of review should be rarely exercised unless there exist a clear case of gross miscarriage of justice based on strong compelling facts.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments
AU  - Kingsley Omote Mrabure
AU  - Stella Oloaigbe Idehen
Y1  - 2021/04/26
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210402.13
DO  - 10.11648/j.ijls.20210402.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 77
EP  - 82
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210402.13
AB  - The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, the Court’s powers to review its judgment based accidental slip or omission, clerical error or to vary a judgment or order to give effect to its purpose or intention that occasioned miscarriage of justice. Second, the Court’s power to review, that is, sit as an appellate Court on its judgments. Plethora of Supreme Court judgments in both jurisdictions was examined in dealing with the two germane issues raised. The paper concludes that in respect of the former, such power enures the Court while in case of the latter, such power does not enure it. It calls for amendment of applicable laws so that the Court can sit as an appellate Court on its judgments. It however cautions that this power of review should be rarely exercised unless there exist a clear case of gross miscarriage of justice based on strong compelling facts.
VL  - 4
IS  - 2
ER  -

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