MICHAEL ROMAINE VS CHRISTOPHER ROMAINE
July 11, 2025ADEBAYO ADETOLA VS THE STATE
July 11, 2025Legalpedia Citation: (1992) Legalpedia (SC) 50296
In the Supreme Court of Nigeria
Thu May 21, 1992
Suit Number: SC. 227/2001
CORAM
P.K. NWOKEDI – JUSTICE, SUPREME COURT
KUMAI BAYANG AKAAHS JUSTICE, SUPREME COURT
UCHE OMO
SALIHU M. A .BELGORE JUSTICE, SUPREME COURT
PARTIES
PRINCE YAYA ADIGUN & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants brought a suit against the Military Governor of Oyo, and Secretary Iwo Local Government and sixteen others claiming, a declaration that in the absence of an Oluwo of Iwo, no new declaration of custom regulating the succession to the Oluwo of Iwo Chieftaincy can be made, declaration that any action of the Defendants jointly and or severally that takes or purports to take away the accrued right of Ogunmakinde Ande Ruling House is unconstitutional being retroactive in effect, and an injunction restraining the Defendants jointly and or severally by their officers servants and or agents and howsoever from taking any step whatsoever which may directly or indirectly affect the accrued right of the Plaintiffs. The High Court dismissed the claims. On appeal, the Court of Appeal dismissed the appeal and a further appeal was lodged at Supreme Court.
HELD
The appeal was dismissed.
ISSUES
If all the new suit was meant to achieve was to maintain Ogunmakinde Ande’s family as the sole Ruling House, it was certainly an abuse of Court process because it disregarded the clear pronouncement of this Court that it was not the sole Ruling House.
RATIONES DECIDENDI
ONCE THE SUPREME COURT HAS DECIDED ON A MATTER, IT BECOMES FUNCTUS OFFICIO
“Once the Supreme Court in its decision has effectively decided on the matter before it and there is no ambiguity or slip to be corrected, it becomes functus officio of the Court to reopen it.” Per S.M.A BELGORE, J.S.C
HOW INHERENT POWERS OF THE COURT COULD BE INVOKED
“Inherent powers of the Court can only be invoked if there is a missing link in the main body of the judgment and some steps must be taken to fill the gaps or ambiguities so that the justice of the issues will be clear.” Per S.M.A BELGORE, J.S.C
CASES CITED
Prince Yahaya Adigun & Ors. v. Attorney-General of Oyo State & Ors. (1987) (No.2) 2 NWLR (part 56) 197Adegbenro v. Akintola (1963) 1 All NLR 552Nafiu Rabiu v. Kano State (1980) 8- 11 SC. 130
STATUTES REFERRED TO
NONE
