Home Opinion Supreme Court Can Overrule Itself and Depart from its Previous Decision

Supreme Court Can Overrule Itself and Depart from its Previous Decision

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By Prof. Tony Oha

Are you aware that Late Dr. Mudiaga Odje, SAN successfully moved the Supreme Court in Orubu v National Electoral Commission & 13 Ors  (1988) 5 NWLR (Pt 94) 323 to overrule itself and depart from its decision in Esewe v Gbe (1988) 5 NWLR (Pt 93) 134. 

No lawyer has ever achieved his feat till date in Nigeria. I met the great lawyer at his Warri GRA home in December 1993. Bless his soul.

Important Information on Imo Judgment based on private inquiries. 

The Supreme Court cannot now sit as an appellate court on the decision it reached in Uzodinma v Ihedioha. 

The Supreme Court is now functus officio; it cannot now review or reverse itself.

However, it can overrule itself or depart from the decision in Uzodinma v Ihedioha in a subsequent case. 

Let’s say the Kano case with similar facts of exclusion of votes!

God can reverse the gear….

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