SALAMI AFOLABI V. GOVERNOR OF OSUN STATE (2003) 13 NWLR (Pt.386) 119 at 129 – 130 the Supreme Court emphasized thus: “It is settled law that to sustain in a plea of res judicata, the party pleading it must satisfy the following conditionalities, to wit – i. That parties (or their privies as they may be) are the same in the present case as in previous case; ii. that the issue and subject matter are the same in the previous suit as in present suit; iii. that the adjudication in the previous case must have been given by a court of competent jurisdiction; and iv. that the previous decision must have finally decided the issues between the parties”.
The law is settled that where an issue of fact affecting the status of a person or a thing has been determined in a final manner as a substantive part of a judgment of a court having jurisdiction to determine that status, such determination will constitute estoppel by judgment to any subsequent proceedings between any parties whatsoever. See: MADAM ABUSATU AGBOGUNLERI v JOHN DEPO & ORS (2008) LPELR-243(SC) at page 20, paras. D-G, per Muhammad, JSC; MR. AKINFELA FRANK COLE v MR. ADIM JIBUNOH & ORS (2016) LPELR-40662(SC) at pages 37 – 38, para. D, per Kekere-Ekun, JSC; and APC PDP & ORS (2015) LPELR 24587(SC) at page 106, paras. A – E, per Galadima, JSC.
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023