EVIDENCE LAW — Res Judicata — Statutory Foundation — Section 54 Evidence Act
Ratio Decidendi
Per Galadima, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at p. 32; Paras D—E:
"Section 54 of the Evidence Act 1990, provides: 'Every judgment is conclusive proof, as against parties and privies, of facts directly in issue in the case, actually decided by the court, and appearing from the judgment itself to be the ground on which it was based; unless evidence was admitted in the action in which the judgment was delivered which is excluded in the action in which that judgment is intended to be proved.' Widely couched and confusing as it is, the section, otherwise called res judicata, is a legal maxim aimed at bringing an end to litigation, and ensuring that rights of litigants are set to rest."
Explanation / Scope
This principle establishes that Section 54 of the Evidence Act provides that every judgment is conclusive proof, as against parties and privies, of facts directly in issue, actually decided, and appearing to be the ground of the decision. The section, otherwise called res judicata, aims to bring an end to litigation and ensure that rights of litigants are settled. The principle applies where res judicata is invoked. It ensures finality. The principle reflects the statutory foundation of res judicata. It prevents re-litigation. The court must apply the section. The principle provides guidance on the statutory basis of res judicata.