LEGAL PRINCIPLE: CIVIL PROCEDURE — Inherent Jurisdiction — Setting Aside Judgment — Supreme Court — Circumstances Warranting Exercise
PRINCIPLE STATEMENT
The Supreme Court has inherent power to set aside its own judgment in appropriate cases: (1) when obtained by fraud; (2) when the judgment is a nullity; (3) when the court was misled into giving judgment under mistaken belief of consent; (4) when given in absence of jurisdiction; (5) when procedure deprived decision of legitimate adjudication.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC (dissenting), in Igwe & Ors v. Kalu & Ors (2002) NLC-261996(SC) at p. 21; Paras C–E.
"The Supreme Court and indeed any Court of law, has in my view, inherent power and jurisdiction to set aside its own judgment or decision in appropriate cases. These will include - (1) When the judgment was obtained by fraud; or (2) When the judgment is a nullity such as when the Court itself was not competent; or (3) When the Court was misled into giving judgment under a mistaken belief that the parties had consented to it; or (4) Where judgment was given in the absence of jurisdiction; or (5) Where the procedure adopted was such as to deprive the decision or judgment of the character of a legitimate adjudication. (see generally Alao v. A.C.B. Ltd. (supra), Madukolu & Ors. v. Nkemdilim (1962) All NLR (Part 2) 581."
EXPLANATION / SCOPE
The Supreme Court has inherent jurisdiction to set aside its own judgment in limited circumstances: fraud, nullity, mistaken consent, lack of jurisdiction, or procedure depriving legitimate adjudication. The power is sparingly exercised. The principle ensures that fundamental defects can be corrected. The court will not set aside a judgment for mere error. The applicant must prove the ground clearly. The rule applies to all courts. The inherent jurisdiction is not a substitute for appeal. The court will not allow relitigation of decided issues. The principle balances finality with the need to correct fundamental injustices. The exceptions are narrow and strictly construed.
