CIVIL PROCEDURE — Jurisdiction — Inherent Jurisdiction of Superior Court of Record — Setting Aside Own Judgment
Ratio Decidendi
Per Ngwuta, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at pp. 34—35; Paras D—A:
"In appropriate and deserving cases, the Court can invoke its inherent powers to set aside its own judgment. The 1999 Constitution of the Federal Republic of Nigeria as amended recognized and endorsed and preserved it. See S.6 (6)(a) which provides: '6(6) The Judicial powers vested in accordance with the foregoing provisions of this section (a) shall extend, notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a Court of law.'"
Explanation / Scope
This principle establishes that a superior court of record can invoke its inherent powers to set aside its own judgment in appropriate cases, as recognized by Section 6(6)(a) of the Constitution. The principle applies where judgments are challenged. It ensures that courts can correct their own errors. The principle reflects the inherent jurisdiction of superior courts. It prevents injustice. The court may set aside its judgment. The principle provides guidance on setting aside judgments.