APPELLATE PRACTICE — Finality of Judgment — Supreme Court Becoming Functus Officio
Ratio Decidendi
Per Galadima, JSC, in Dingyadi & Ors v. INEC & Ors (2011) NLC-123-32-2010(SC) at pp. 49—50; Paras E—A:
"The court shall not review any judgment once given and delivered by it save to correct any clerical mistake or some error arising from accidental slip or omission, or to vary the judgment or order so as to give effect to its meaning or intention. A judgment or order shall not be varied when it correctly represents what the court decided nor shall the operative and substantive part of it be varied and a different form substituted."
Explanation / Scope
This principle establishes that the Supreme Court cannot review a judgment once given, except to correct clerical mistakes, accidental slips, or omissions, or to vary it to give effect to its meaning or intention. The principle applies after judgment is delivered. It ensures the finality of judgments. The principle reflects the doctrine of functus officio. It prevents re-opening of decided cases. The court must respect its own final judgments. The principle provides guidance on the finality of judgments.