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

(1987) JELR 45293 (SC)    

Supreme Court  ·  SC.193/1986-R ·  3 Jun 1987 ·  Nigeria
 · 
Other Citations
ARCON v. Fassassi (1987) NWLR (Pt. 59) 1
CORAM
KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria BOOYAMIN 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
Core Terms Beta
attorney-general of oyo state no.
decision of this court
final judgment
leading ruling
court
jurisdiction
application
counsel
order
case
judgment
adigun v
appeal
decision
error
matter
power
supreme court
constitution
eso
respect
a.g. of oyo state no.
application consideration of the points
application of chief williams
attorney-general of oyo slate
beginning of his argument
brother
brother eso j.s.c.
chief williams
court of record
draft of the ruling
governor of a state
grounds
inherent jurisdiction
karibi-whyte j.s.c.
kayode eso
learned counsel
mr. akinyemi
n. w.l. r
only issue
panel
party
powers of this court
prejudice
prerogative of mercy
rule
supreme court of its undoubted inherent jurisdiction
supreme court rules
utmost importance

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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