APPELLATE PRACTICE ā Functus Officio ā Nullity Exception to Functus Officio Doctrine
Principle Statement
Where, however, a decision has been reached by a court and which decision, for some reasons (like in this appeal) is without jurisdiction and a nullity due to absence of fair hearing; or it has been reached as a result of fraud, or where it is a default judgment, the same court that made the order, can set that same order aside. But an order made within jurisdiction can only be reviewed by an appellate court.
Ratio Decidendi (Source)
Per Muhammad, JSC, in FBN Plc v. T.S.A. Industries Limited (2010) NLC-123-316-2006(SC) at p. 50; Paras CāD.
"Where, however, a decision has been reached by a court and which decision, for some reasons (like in this appeal) is without jurisdiction and a nullity due to absence of fair hearing; or it has been reached as a result of fraud, or where it is a default judgment, the same court that made the order, can set that same order aside. But an order made within jurisdiction can only be reviewed by an appellate court."
Explanation / Scope
This principle establishes the exception to the functus officio doctrine: a court can set aside its own order where it is a nullity due to lack of jurisdiction, absence of fair hearing, fraud, or default judgment. Orders made within jurisdiction can only be reviewed on appeal. The principle applies where a court is asked to revisit its decision. It ensures that nullities can be corrected. The principle reflects the limits of functus officio. It prevents courts from reviewing valid orders. The court must determine if the order is a nullity. The principle provides guidance on the functus officio exception.
