LEGAL PRINCIPLE: APPELLATE PRACTICE – Finality of Judgment – Supreme Court’s Decision as Final – No Jurisdiction to Review or Set Aside Final Judgment
PRINCIPLE STATEMENT
The exercise of jurisdiction of the Supreme Court is statutory and its powers are circumscribed by provisions of the Constitution and rules of practice made thereunder; by Constitutional provision, the decision of the court is final; this court cannot exercise the jurisdiction sought by the applicant in this motion.
RATIO DECIDENDI (SOURCE)
"The exercise of the jurisdiction of the Supreme Court is statutory and its powers are circumscribed by the provisions of the Constitution and rules of practice made thereunder. By Section 215 of the Constitution, 1979, (now Section 235 of the Constitution, 1999) the decision of the court is final. ... This court cannot exercise the jurisdiction sought by the applicant in this Motion."
EXPLANATION / SCOPE
This reinforces Principles 543-544 with constitutional basis. Supreme Court jurisdiction is: Statutory: Derived from Constitution and legislation—not inherent. Circumscribed: Limited by Constitutional provisions and rules—not unlimited. Final: Section 215 (1979 Constitution) / Section 235 (1999 Constitution) declares decisions “final”—no further recourse. Because jurisdiction is statutory and circumscribed: Supreme Court can only exercise powers Constitution grants, cannot assume jurisdiction Constitution doesn’t provide, and cannot review own final decisions. “Final” in Constitution means: absolutely final, not subject to review, and litigation ends there. Seeking Supreme Court review of own judgment: requests jurisdiction court doesn’t have, contradicts constitutional finality, and is beyond court’s powers. This serves: constitutional supremacy (court bound by Constitutional limits), separation of powers (court cannot expand own jurisdiction), and finality principle. Courts cannot: exceed constitutional powers, create jurisdiction not granted, or ignore constitutional limitations. The constitutional finality provision: prevents self-review, ensures true finality, and maintains Supreme Court as terminal point of litigation. This principle establishes that Supreme Court finality is constitutional mandate, not discretionary, and absolutely binding.