LEGAL PRINCIPLE: APPELLATE PRACTICE — Amendment on Appeal — Court Bound by Its Own Amendment Decision
PRINCIPLE STATEMENT
The exercise by the Court of Appeal of its discretion to grant an application for amendment is a "decision" within the meaning of the Constitution. The court cannot review or set it aside unless it is proved to be a nullity. Once determined, it cannot reopen the matter as it is functus officio.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Jatau v. Ahmed & Ors (2003) NLC-1491998(SC) at p. 9; Paras A–C.
"The exercise by the Court of Appeal of its discretion to grant the application for amendment, is a 'decision' within the meaning of Section 277(1) of 1979 Constitution applicable to this case, and that it cannot review or set it aside unless it is proved to be a nullity. It was not proved to be a nullity in this case, and so the Court of Appeal was wrong to set it aside or disregard its resultant effect as it did in this case. It cannot also reopen it after its determination as it is functus officio."
EXPLANATION / SCOPE
An amendment decision is a final decision. The court cannot revisit it unless void. The principle applies to appellate practice. The court becomes functus officio after ruling. The rule promotes finality. The party must appeal the decision if dissatisfied. The principle is well-established.