CORAM

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AYO GABRIEL IRIKEFE, CHIEF JUSTICE, NIGERIA

ANDREW OTUTU OBASEKI

ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT

SAIDU KAWU, JUSTICE, SUPREME COURT

CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT

SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

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PARTIES

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OBA JACOB OYEYIPO & ANOR

APPELLANTS 

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CHIEF I. O. OYINLOYE

RESPONDENTS 

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AREA(S) OF LAW

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FAIR HEARING-JUDGMENT AND ORDER-NATURAL JUSTICE

 

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SUMMARY OF FACTS

The appellant/applicant brought a motion before the supreme court , seeking for;

(i) the decision given herein by this Honourable court sitting in Chambers on Wednesday the 12th day of November, 1986 be set aside;

(ii) the motion on Notice filed by the Respondent herein and dated the 24th day of October, 1986 be listed for hearing in open court or in such other lawful manner as the court may direct;

(iii) such further or other orders as this Honourable court may deem fit to make.

 

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HELD

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Dismissing the motion

 

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ISSUES

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(i) Given the fact that neither the Appellants nor their counsel were aware of the hearing date for the Respondents motion dated the 24th day of October, 1986, was it regular and proper for the Supreme Court to have made decision complained of?

(ii) Was it competent for the Supreme Court to sit in Chambers or otherwise than in public for the hearing and determination of the Respondents motion aforesaid?

 

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RATIONES DECIDENDI

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JUDGMENT AND ORDER

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Generally this court having decided an issue, and its decision embodied in its judgment or order that has been made effective, is functus officio and cannot reopen the matter and substitute a different decision to the one already recorded. This court however, has an inherent power to correct or modify its own order on the record. Thus it may correct clerical errors to make the meaning if obscure, clear Per Karibi-Whyte JSC

 

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FUNCTUS OFFICIO

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This court which is a final court, has no power to correct its own mistake of law in a judgment even though apparent on the face of the judgment or order. Per Karibi-Whyte JSC

 

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APPLICATION OF RULES OF NATURAL JUSTICE TO HEARINGS OF THE COURT

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Where the rules of natural justice are properly applicable, a violation of the rules will result in the nullification of the proceedings. However, the rules are applicable to a party whose case is proper-ly before the Court and not where a party has not satisfied the conditions of being heard. Per Karibi-Whyte JSC

 

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PRACTICE AND PROCEDURE

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Where the party, as in this case the applicant, has not satisfied the conditions required for hearing his case, the Court will not be competent to hear him. Per Karibi-Whyte JSC

 

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APPLICATION OF RULES OF NATURAL JUSTICE TO HEARINGS OF THE COURT

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The rules of natural justice are applicable to hearings of the Court whether sitting in chambers or in Open Court. Per Karibi-Whyte JSC

 

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CASES CITED

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Ogbu v. Urum (1984) 4 S.C. 1

Chukwuka v. Ezulike (1986) 5 N.W.L.R. 982

Minister of Lagos Affairs, Mines and Power and anor v. Akin-Olugbade & ors. (1974) 1 All N.L.R. (Pt.2) 226, 235

Ashiyanbi & ors. v. Adeniji (1967) 1 All N.L.R. 82

Bright v. Sellar (1904) 1 K.B. 6 Mac Carthy v. Agard (1933) 2 K.B. 417

Sodeinde Bros. Ltd. v. ACB Ltd. (1982) 6 S.C. 137.

John Chukwuka & ors. v. Ezulike (1986) 5 N.W.L.R. 893

Madukolu & ors. v. Nkedilim & ors. (1962) 1 All NLR. 582.

Ridge v. Baldwin (1964) A.C. at p.128

John Chukwuka & ors. v. Ezutike (1986) 5 N.W.L.R. 892;

Yonwuren v. Modern Signs Ltd. (1985) 1 NWLR. (Part 2) 244;

Iro Ogbum & ors v. Chief Ogburu Urum & Anor (1981) 4 S.C. 1;

Sodeinde Bros Ltd. v. A.C.B. Ltd. (1982) 6 S.C. 137,

Alhaji Raimi Edun & ors v. Odan Community (1980) 8/11 S.C. 103;

Asiyanbi v. Adeni-jt (1967) 1 All NLR. 82;

Bocklemann v. Nwachi (1965) 1 All NLR. 112.

 

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STATUTES REFERRED TO

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Supreme Court 1985

Supreme Court, 1977

Constitution 1979

 

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