LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Supremacy of the Constitution — Finality of Apex Court Decisions — Section 215 of 1979 Constitution
PRINCIPLE STATEMENT
Without prejudice to the powers of the President or the Governor of a State with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, quoting Section 215 of the 1979 Constitution, in Adigun v. Governor of Osun State (1995) NLC-1681992(SC) at p. 24; Paras. A–B.
"Without prejudice to the powers of the President or the Governor of a State with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court."
EXPLANATION / SCOPE
Section 215 of the 1979 Constitution makes Supreme Court decisions final. No appeal lies to any other body. The only exception is the prerogative of mercy. The principle ensures finality in litigation. The Supreme Court is the apex court. Its decisions are binding on all lower courts. The rule applies to all civil and criminal proceedings. The court will not entertain any challenge to its final decisions. The principle is fundamental to the judicial hierarchy.
