HONOURABLE GOZIE AGBAKOBA VS INEC & ORS
May 28, 2025MRS. T. C. CHUKWUMA V MR. BABAWALE IFELOYE
May 28, 2025Legalpedia Citation: (2008-12) Legalpedia (SC) 01291
In the Supreme Court of Nigeria
Fri Dec 12, 2008
Suit Number: SC. 274/2007
CORAM
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT
MAHMUD MOHAMMED,, JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT
MAHMUD MOHAMMED,, JUSTICE, SUPREME COURT
M.E. OGUNDARE – JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDRIS LEGBO KUTIGI, (Lead Judgment), JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KATSINA-ALU, , JUSTICE, SUPREME COURT
MAHMUD MOHAMMED,, JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT
MAHMUD MOHAMMED,, JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI, (Lead Judgment), JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KATSINA-ALU, , JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI, (Lead Judgment), JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE, SUPREME COURT
PARTIES
1. ALHAJI UMAR MUSA YAR’ADUA
2. DR. GOODLUCK JONATHAN.
APPELLANTS
ALHAJI ATIKU ABUBAKAR & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an interlocutory appeal against the Ruling of the Court of Appeal, in exercise of its original jurisdiction under section 239(1)(a) of the Constitution. While this appeal was still pending in the Supreme Court final judgment was entered against the Petitioners/Respondents at the court of appeal in the main suit.
HELD
Supreme Court held that the matter had been overtaken by events.
ISSUES
Whether a litigant can retiligate an identical issue which had been decided against him. ?
RATIONES DECIDENDI
ABUSE OF COURT PROCESSES
It is an abuse of process of Court for a plaintiff to re-litigate an identical issue which had been decided against him and So also where, proceedings which were viable when instituted have by reason of subsequent events become inescapably doomed to failure. PER. KUTIGI CJN.
CASES CITED
1. Union Bank of Nigeria v. Alhaja Bisi. Edionseri (1988) 2 NWLR (Pt. 74) 932. Olade v. Ekwelenju (1989) 4 NWLR (Pt. 115) 326.
STATUTES REFERRED TO
None
