CIVIL PROCEDURE — Res Judicata — Fraud as an Afterthought
Ratio Decidendi
Per Ogbuagu, JSC, in Ntuks & Ors v. NPA (2007) NLC-123-190-2003(SC) at p. 14; Paras B–D:
"Raising of the issue of fraud, with respect, was an afterthought, a fluke or ruse by the Respondent realizing or knowing fully well years after, that its appeal, had been dismissed. Since he did not challenge the said decision in Suit LD/1827/92 by filing an application to set it aside on the ground of alleged fraud and voluntarily decided or opted to appeal against it, having lost the appeal and it did not further appeal to this Court, the Respondent, is estopped from challenging the said decision through his said suit."
Explanation / Scope
The principle addresses the timing of allegations of fraud in relation to res judicata. While fraud may ordinarily vitiate a judgment and provide a ground to set it aside, it must be raised promptly. A party who had the opportunity to raise fraud at the trial stage or on appeal but chose not to, and instead pursued an appeal, cannot later resurrect the issue after losing the appeal. Raising fraud after the dismissal of an appeal is a belated attempt to relitigate the matter. The court will treat such an allegation as an afterthought and a ruse to circumvent the finality of the earlier judgment. The principle prevents parties from using fraud as a weapon to undermine the doctrine of res judicata. It reinforces the need for vigilance and prompt action.