COURT – POWER OF COURT – Instance where the Supreme Court can exercise its powers under Section 22 of the Supreme Court Act


“I am of the considered view that this is a proper circumstance for the invocation of Section 22 of the Supreme Court Act, which empowers the Court, to exercise full jurisdiction over the proceedings in the same manner as the lower Court would have done. This would best serve the interest of justice in this case by eliminating further delay that would arise if the Court were to remit the case to the lower Court for rehearing. All the materials necessary to adjudicate in the matter are before the Court. See:Mato Vs Hember & Ors (2017) LPELR-42765 (SC) @ 31-33 B: Inakoju vs Adeleke (2007) 4 NWLR (Pt. 1025) 427 @ 691-692: University of Lagos Vs Olaniyan (1985) 1 NWLR (Pt. 1) 156.” Per KEKERE-EKUN, JSC in APC & ORS v. ESIEC & ORS (2021-LCER-40460-SC) (Pp 47 – 48 Paras D – A).

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