PRINCIPLE STATEMENT

Where a court has decided an issue and the decision of the court is truly embodied in its judgment or order that has been made effective, then the court cannot re-open the matter and cannot substitute a different decision in place of the one which had been recorded.

RATIO DECIDENDI (SOURCE)

Per Ogundare, JSC, in Alao v. African Continental Bank Ltd (2000) NLC-141995(SC) at pp. 27–28; Paras. E–A.
"Where a court has decided an issue and the decision of the court is truly embodied in its judgment or order that has been made effective, then the court cannot re-open the matter and cannot substitute a different decision in place of the one which had been recorded."
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EXPLANATION / SCOPE

Once court delivers judgment: court becomes functus officio (having discharged its duty) and loses power to alter it. When judgment is: decided and embodied in written judgment/order, made effective (pronounced/delivered), court cannot: reopen the matter, substitute different decision, or change recorded decision. This serves: finality of judgments, preventing endless reconsideration, and protecting parties’ reliance on judgments. “Truly embodied” means: decision clearly expressed in judgment, not ambiguous or incomplete. “Made effective” means: judgment delivered/pronounced, not merely drafted. After delivery: court’s power over that matter ends, parties must appeal if aggrieved, and court cannot revisit or revise. Limited exceptions exist: clerical errors (slip rule—see Principle 546), orders made without jurisdiction, or ambiguities requiring clarification. But substantive decisions: cannot be changed, cannot be reconsidered, and stand as delivered. This principle maintains: judicial finality, certainty in litigation, and preventing courts from repeatedly changing decisions. Parties wanting to challenge: must appeal to higher court, cannot ask same court to reconsider, and cannot obtain rehearing absent exceptional circumstances. This fundamental doctrine ensures judgments are final and binding once delivered.

CASES APPLYING THIS PRINCIPLE