LEGAL PRINCIPLE: APPELLATE PRACTICE — Clerical Errors — Correction of Accidental Slips by Appellate Court
PRINCIPLE STATEMENT
Courts have powers to correct their own technical errors or slips of pen; such powers are exercisable in both criminal and civil proceedings, and the Supreme Court can invoke Order 8 rule 16 to correct clerical errors arising from accidental slips.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Odofin & Anor v. Oni (2001) NLC-1191995(SC) at pp. 7–8; Paras D–A.
"Courts are presided over by human beings and being human they are prone to mistakes and slips in the course of execution of their judicial functions. Such slips or errors are not swept under the carpet but are corrected and amended by appellate courts in the interest of justice. It is important to state that generally a court has powers to correct its own technical errors or slips of pen. Such powers are exercisable both in criminal and civil proceedings. It must be clearly stated that it is not every slip or error in a judgment that would be allowed to undermine or derogate from an otherwise well-written judgment. This court in exercise of its general powers of supervision of all other courts in this country can invoke the plenitude of its powers under Order 8 rule 16 of the Supreme Court Rules (as amended in 1999) to correct all clerical errors arising from what are undoubtedly accidental slips."
EXPLANATION / SCOPE
Courts have inherent power to correct clerical errors, accidental slips, and minor mistakes in their judgments. This power applies in both criminal and civil cases. The Supreme Court can use Order 8 rule 16 to correct such errors. The correction does not alter the substance of the decision. Minor errors should not undermine an otherwise well-written judgment. The principle promotes accuracy without requiring formal appeals for trivial mistakes. The court must distinguish between accidental slips and substantive errors. Substantive errors require appeal, not correction. The power is exercised sparingly and only for clear errors. The parties should be given notice before correction.
