LEGAL PRINCIPLE: CIVIL PROCEDURE — Finality of Judgment — Supreme Court — No Power to Review Own Judgment
PRINCIPLE STATEMENT
The Supreme Court cannot sit on appeal over its own judgment; there is no constitutional provision for review of its judgment by itself, as there must be finality to litigation.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Igwe & Ors v. Kalu & Ors (2002) NLC-261996(SC) at pp. 12–14; Paras A–C.
"There is no power in the Supreme Court to review or set aside its own judgment. It may however depart from a principle of law which it has previously laid down. Such a departure will not affect the efficacy of the previous judgment. In a recent full court's decision of this court, viz, Eleazor Obioha v. Innocent Ibero & Anor. (1994) 1 NWLR (Part 322) 503, this court reached the following conclusions: By virtue of Section 215 of the 1979 Constitution, 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. Indeed there can be no appeal questioning the decision of the Supreme Court to itself or to anybody or person as there must be finality to litigation."
EXPLANATION / SCOPE
The Supreme Court has no power to review its own judgment. The Constitution gives finality to Supreme Court decisions. The Court may depart from a previous principle of law, but that does not affect the efficacy of the previous judgment. No appeal lies from the Supreme Court to itself or any other body. The principle ensures finality in litigation. The only exceptions are limited to judgments obtained by fraud or nullities. The rule prevents endless relitigation. The Court cannot sit on appeal over its own decision. The principle is fundamental to the judicial hierarchy. The parties must accept the finality of Supreme Court decisions. The rule promotes stability and certainty.
