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A.R.C OF NIG. (NO.4) IN RE O.C. MAJOROH
V.
FASSASSI(R)

(1987) JELR 45293 (SC)

Supreme Court 3 Jun 1987 Nigeria
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Case Details

Suit Number:SC.193/1986-R
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:Chief F. R. A. Williams. S.A.N. (with B.O. Ogundipe, T.E. Williams and F.R.A. Williams (Jnr.) For Appellant A. A. Akinyemi - for the Respondent. For Respondent
Other Citations:ARCON v. Fassassi (1987) NWLR (Pt. 59) 1

ESO, J.S.C. (Delivering the Leading Ruling): The only issue before us for determination in the application of Chief F. R.A. Williams S.A.N. is whether this Court has power to review its order, once a final judgment has been delivered and an order has been made.

At the beginning of his argument, we drew the attention of learned counsel to the decision of this Court in Adigun v. Attorney-General of Oyo State No. 2 (1987) 2 N.W.L.R. 197 and we told him to present his arguments within our decision in that case. It was the same learned counsel that brought the application consideration of the points raised by him.

Now, Chief Williams has tried to distinguish this case from the Adigun's case by saying that in the Adigun's case, learned counsel submitted, the issue was "inherent jurisdiction." Where a court of record has made an order without jurisdiction as such order being a nullity, the Court has power to set the order aside. Counsel has also referred us to Forfre v. Sarfeh 1958 A.C. 59…

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