(2000) JELR 45808 (SC)    

Supreme Court  ·  SC.14/1995(2) ·  2 Jun 2000 ·  Nigeria
Other Citations
Alao v. AC.B. Ltd. (2000) 9 NWLR (Pt.672) 264 (2000) 6 S.C (Pt I) 196 (2000) 8 W.R.N 96 S.C
Alao v. A.C.B. Ltd. (2000) 9 NWLR (Pt. 672) 264
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
supreme court
inherent power
27th february
judgment of this court
set aside ex debito justitiae
decision of the supreme court
rules of the supreme court
supreme court of nigeria
central bank
intention of the justices
false assumptions of law
inherent jurisdiction of the court
present application
rehearing of the appeal
attention of the court
debito justitiae
failure of counsel
g. oyo state
inherent jurisdiction of this court
judgment of the court
applicable rules of court
applicant mr. candide johnson
breach of the constitution
clear absence of intention of the applicant
constitution of nigeria
decision ex debito justitiae
difficult questions
effect of the exchange control act
exercise of jurisdiction
facts of the case
finality of the judgments of this court
g.b.a. coker jsc
general principle
judgment of the court of appeal
learned justice of the supreme court
learned lord justice
own final judgment
relevant authorisation of the minister of finance
respondent chief b.ld
review of a judgment
see anyasinti umunna
substantive arguments of the legal validity of the transactions
unanimous judgment
worries of the applicant

KARIBI-WHYTE, J.S.C. (Delivering the Leading Ruling): This is a ruling on the application seeking an order to set aside ex debito justitiae the judgment of this court, delivered on the 27th February, 1998 dismissing his appeal against the judgment of the Court of Appeal dated 16th May, 1994. The order seeks a rehearing of the appeal on the basis of the material exhibited to the affidavit in support of the motion. The application was brought by way of notice of motion under the inherent jurisdiction of the court.


The grounds for the application are as follows:-

"a. That the applicant has been penalised and has suffered injustice because his case was not fairly presented to or considered by the Supreme Court of Nigeria.

b. The decision of the Supreme Court was based of (sic) on fundamental and false assumptions of law and fact which the court was not entitled to make.

c. The decision of the Supreme Court is clearly contrary to the intention of the Justices t…

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