LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Supreme Court — Inherent Power to Set Aside Judgment
PRINCIPLE STATEMENT
The Supreme Court possesses inherent power to set aside its judgment in appropriate cases: (i) when obtained by fraud or deceit; (ii) when the judgment is a nullity; (iii) when the court was misled into giving judgment under mistaken belief that parties consented.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Igwe & Ors v. Kalu & Ors (2002) NLC-261996(SC) at pp. 8–9; Paras C–E.
"I shall state that this court possesses inherent power to set aside its judgment in appropriate cases. Such cases are as follows: (i) When the judgment is obtained by fraud or deceit either in the court or of one or more of the parties. Such a judgment can be impeached or set aside by means of an action which may be brought without leave. See Alaka v. Adekunle (1959) LLR 76; Flower v. Lloyd (1877) 6 Ch.D. 297; Olufumise v. Falana (1990) 3 NWLR (Pt. 136) 1. (ii) When the judgment is a nullity. A person affected by an order of court which can properly be described as a nullity is entitled ex debito justitiae to have it set aside. See Skenconsult (Nig.) Ltd. v. Ukey (1981) 1 SC. 6, Craig v. Kanssen (1943) KB 256, 262 and 263; Ojiako & Ors. v. Ogueze & Ors. (1962) 1 All NLR 58, Okafor & Ors. v. Anambra State & Ors. (1991) 6 NWLR (Pt. 200) 659, 680. (iii) When it is obvious that the Court was misled into giving judgment under a mistaken belief that the parties consented to it. See Agunbiade v. Okunoga (1961) All NLR 119 and Obimonure v. Erinosho (1966) 1 All NLR 250."
EXPLANATION / SCOPE
The Supreme Court’s inherent power to set aside its own judgment is limited to three categories: (1) fraud or deceit; (2) nullity; (3) mistaken belief of consent. The power is exercised sparingly. The applicant must prove the ground clearly. The principle ensures that fundamental defects can be corrected. The court will not set aside for mere error. The rule applies to all courts. The inherent jurisdiction is not a substitute for appeal. The applicant is entitled ex debito justitiae (as a matter of right) to have a nullity set aside. The principle balances finality with the need to correct fundamental injustices. The exceptions are narrow.
