• October 25, 2016
  • Posted by: Stephen Azubuike
  • Category: Case Law Blog
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On whether judgment of a court of competent jurisdiction can be reviewed by another authority

Ogunleye v. Aina [2011] 3 NWLR (Pt. 1235) 479 at 580, para E, per Agube, JCA:

“…Under normal circumstances by virtue of sections 6 and 287 of the Constitution of the Federal Republic of Nigeria 1999, no authority, be it executive or legislative can review the judgment of a court of competent jurisdiction.”

Notes:

The adjudicatory powers of the courts are constitutionally preserved. In a country where we have power brokers who constitute themselves as courts or even final courts, there is need to resound this point. No one, not even the President (or Governor) in all his constitutional garment of power and authority can review the Judgment of a Court expressly or by deed. Any such development would mean unduly undermining the powers of the Judicial arm of Government and that will certainly set the pace for nothing but anarchy. The process of review is provided for within the judicial hierarchy of courts.


Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.

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