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CHIEF GREAT OVEDJE OGBORU & ANOR v. EMMANUEL E. UDUAGHAN & ORS

(2014) JELR 41267 (SC)

Supreme Court  •  SC.18/2012(R2)  •  26 May 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; CLARA BATA OGUNBIYI JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering The Lead Ruling): From the facts revealed in this case, this is about the third time the applicant is approaching this court for an order setting aside the decision of this court on the 2nd day of March, 2012.

Secondly, applicant is contending that the provision of section 285(1) of the land constitution as amended was not validly enacted and as such the court ought not to have applied same on striking out the consolidated appeals.

It is very clear that this court has no jurisdiction to set aside the earlier ruling delivered by the court being the final court of the land.

If the provisions of section 285(7) of the land constitution is not validly made or unconstitutional, this court has no original jurisdiction to entertain an action in that respect.

Applicant is therefore advised to approach the High Court for a declaration to that effect; as far as the matter is concerned, subject of this application, the matter had been fully laid …

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