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SUPREME COURT SHOULD INFREQUENTLY USE ITS POWERS DONATED IN SECTION 22

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[W]e decided to hear counsel on both sides on the point, even though it was a point which could have been properly raised under a respondents’ notice. This course is of course permitted by the Rules (see, for example, Order 8 rule 3(6) of the Supreme Court Rules, 1985). Besides, our consideration of the point is necessary for the determination of the real question in controversy in the appeal within the meaning of Section 22 of the Supreme Court Act. Indeed it is envisaged by the subsidiary issue framed for the appellants in their brief. But let me emphasize that although such powers, no doubt, exist, they are such that this court does not want to make a habit of drawing therefrom constantly so that it does not give the wrong impression that it is taking sides in matters in controversy before it. A respondent’s counsel should always make his own decision and file a respondent’s notice whenever necessary, otherwise he may find that he cannot advance a certain line of argument. I am invoking the power in this case because it is necessary for my decision in the case and has been raised by the subsidiary issue and was fully argued.

— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

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NIGERIAN CASES WHERE THE SUPREME COURT OVERRULED ITSELF

Again where there is a real likelihood of injustice being perpetuated this court has, in the recent past had occasion to over-rule itself. See Bucknor-Maclean v. Inlaks Ltd. (1980) 8-11 S.C. 1) – wherein this court over-ruled its previous decision in Shell B.P. v. Jammal Engineering (1974) 1 ALL N.L.R. 543 and Owumi v. P.Z. (1974) 1 ALL N.L.R. Part 2-on the above ground.

— Irikefe, JSC. Odi v Osafile (1985) – SC.144/1983

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SUPREME COURT IS NOT BOUND BY THE DECISION OF THE LOWER COURT

The Supreme Court being the highest court in the country is not bound by the decision of the High Court and it is free to interprete the decisions of the lower court in its own way. The Supreme Court as an appellate court has the right or power to do what a trial court ought to do but failed to do.

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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SUPREME COURT HAS THE POWER TO OVERRULE ITSELF

My simple answer is that it is not part of the jurisdiction or duties of this Court to go on looking for imaginary conflicts. We are final not because we are infallible; rather we are infallible because we are final. Justices of this Court are human-beings, capable of erring. It will certainly be short sighted arrogance not to accept this obvious truth. It is also true that this Court can do inestimable good through its wise decisions. Similarly, the Court can do incalculable harm through its mistakes. When therefore it appears to learned counsel that any decision of this Court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be over-ruled. This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error. Learned counsel has not asked us to over-rule either Skenconsult or Ezomo supra. If that was what was wanted, the Briefs should have said so specifically and the Chief Justice of the Federation would have gladly empanelled a Full Court.

– Oputa, JSC. Adegoke v. Adesanya (1989)

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SUPREME COURT CANNOT DEAL ON ISSUES DIRECTLY FROM THE HIGH COURT

Another point worthy of mentioning in passing is that the issues for determination as formulated by the respondent’s Counsel indicate discussions on the treatment of the matters raised as dealt with by the trial High Court. This court has clearly and obviously no jurisdiction to hear and consider appeals from the decisions of the High Court. The jurisdiction of this Court is limited to a complaint on a decision of the Court of Appeal and the issues formulated by the respondent are only concerned with the decision of the trial High Court. It is for the above, that I consider the respondent’s brief incompetent and is accordingly struck out by me. I shall discuss this appeal by reference only to the appellant’s brief argument.

— Musdapher, JSC. Shittu & Ors. v Fashawe [2005] – SC 21/2001

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EXERCISING SECTION 22 OF THE SUPREME COURT ACT – A CONDITION IS THAT THE TRIAL COURT SHOULD ALSO BE ABLE TO ADJUDICATE

Now, if this court is to consider the merit of the suit, it will only be able to do so by invoking its power to step into the shoes of the trial court under Section 22 of the Supreme Court Act. For this court to invoke and exercise its powers under Section 22 of the Supreme Court Act, one of the conditions that must be fulfilled is that the court below or the trial court, as the case may be, must have the power or jurisdiction to adjudicate over the matter. In other words, under Section 22 of the Supreme Court Act, this court cannot make order or exercise the power that the trial court or the lower court cannot make or exercise. See DANLADI V. UDI (2022) 9 NWLR (PT. 1834) 185; EBEBI V. OZOBO (2022) 1 NWLR (PT. 1810) 165; IDIAGBON V. A.P.C. (2019) 18 NWLR (PT. 1703) 102; ARDO V. INEC (2017) 13 NWLR (PT. 1583) 450; ADAMU V. STATE (2017) 10 NWLR (PT. 1574) 463 … While this court is conferred with wide powers by Section 22 of the Supreme Court Act, the powers can only be exercised within the confines of the competence of the trial court or the lower court. Once the power of the court has ceased, the power of this court under Section 22 of the Supreme Court Act also automatically ceases. Hence, this court has no power to delve into the merits of the appeal. A similar issue came up for determination in two recent decisions of this court, and it was held that this court cannot exercise its jurisdiction under Section 22 of the Supreme Court Act once the trial court or the lower court as the case may be has lost its own jurisdiction. See SAMUEL V. APC & ORS (2023) LPELR – 59831 (SC); EZENWANKWO v. APGA & ORS (2022) LPELR 57884 (SC).

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

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THE SUPREME COURT AS A POLICY COURT HAS TO PREVENT VEXATIOUS APPEALS

This court is a policy court and it has a responsibility of ensuring that vexatious or manifestly incompetent appeals and actions are not brought before it or before any court at all. The Supreme Court as an institution must strongly stand against and discourage the filing of suits that ridicule the judiciary as a whole. The instant appeal and the suit that gave rise to it are a colossal and an unnecessary fool’s errand. Counsel should do better to advise and discourage their clients against filing these sort of actions in the future.

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

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