COURT – POWER OF COURT – Whether the Court of Appeal and other subordinate courts have the power to sit on appeal over the judgment of the Supreme Court


“…My Lords, the law is settled, and as rightly stated by learned senior counsel for the Appellant, that the Court below, and other Courts subordinate to this Court, lack the jurisdictional competence and power to sit on appeal over the judgment of this Court. This is the import of Section 235 CFRN 1999 as amended. The Court below, in Okonkwo V. FRN (2011) LPELR 4723 CA, lent its voice to the above, when it held, per Garba JCA (as he then was) that: “By the provisions of Section 235 of the 1999 Constitution, no other body or person has the jurisdiction or power to review, for the purpose of any relief claimed in respect thereof, a decision or determination by the Supreme Court of any issue in any case. The Section makes the following provisions:- “235. Without prejudice to the powers of the President or of the Governor of a State with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court” Put simply, there is no appeal from or against any decision or determination by the Supreme Court in any case under the above provisions. The decision or determination by the Supreme Court of any issue in a given case is therefore final and not subject to an appeal to any other body or person. In this regard by the hierarchy of the Courts created by or pursuant to the provisions of the Constitution, the Supreme Court is at the Apex of all other Courts in the Country and its decisions bind all other Courts of subordinate jurisdiction. As a consequence, a Court with sub-ordinate jurisdiction to that of the Supreme Court under the Constitution lacks the power, authority or jurisdiction to review a decision or determination by the Supreme Court on any pretext whatsoever.” In FBN Plc v. TSA Ind. Ltd (2012) LPELR 4714 SC, this Court stated as follows: “There is no doubt that this Court does not have the power or competence or jurisdiction to consider an application to review its judgment once delivered. The Supreme Court being the final Court of Justice of Nigeria, its decision is final and cannot be altered or reviewed by any other Court or by itself except by itself on exceptional and specific circumstances.” Per ABDU ABOKI, JSC in SANI v. KOGSHA & ORS (2021-LCER-40499-SC) (Pp 30 – 31; Paras A – F)

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