The Supreme Court

The Supreme Court is the highest court within the hierarchy of courts in many legal jurisdictions. The decisions of the supreme court are not subject to further review by any other court. The supreme court functions primarily as appellate courts. Section 230 (1) of the 1999 Constitution of the Federal Republic of Nigeria established the supreme court of Nigeria. The principles applied by the supreme court in its decisions are binding upon all the lower courts, this is intended to apply a uniform interpretation and implementation of the law. The decisions of the supreme court are final.
Although the decisions of the supreme court is final, there are situations when the supreme court may set aside its own judgement. In Stanbic IBTC Bank Plc Vs L. G. C. Ltd (2020) 2 NWLR (Pt 1707 @ 17, the Supreme Court) Abba Aji JSC held inter alia that the supreme court has the power to set aside its judgement; and rehearse same under the following circumstances:
1. Where there is a clerical mistake in the judgement or order,
2. Where there is an error arising from an accidental slip or omission;
3. Where there arises the necessity for carrying out its own meaning and to make its intention plain,
4. Where any of the parties obtained judgement by fraud or deceit
5. Where such decision is nullity;
6. Where it is obvious that the court was misled into giving the decision under a wrong belief that the parties consented to it;
7. Where the judgement was given without jurisdiction;
8. Where the procedure adopted was such as to deprive the decision or judgement of the character of a legitimate adjudication;
9. Where the writ or application was not served on the other party, or there is denial of fair hearing;
10. Where the decision/judgement is contrary to public policy and will perpetuate injustice. Obviously, the supreme court can set aside its own judgement based on the reasons above-stated in Stanbic IBTC Bank Vd. LGL Ltd (Supra), but it must be in a subsequent matter and not on the one already decided. The supreme court judgment is final, the justices will become functus officio in the matter after judgement. The law may in future be amended to affect future issues on the same subject. The law does not permit the supreme court a double say in the same matter. It either allows or dismisses an appeal, not the two on the same issue.

Nkechi Bright-Ewere