Supreme Court vs Supreme Court 

I am a bit confused. May be not a bit – very confused. I am not a lawyer so that is probably why; but from the beginning we were told that the Supreme Court is the last bus stop in any case – criminal or civil. And that once the Supreme Court gives judgment, that is it.
Therefore I feel justified that I can be confused by what is happening now in the Nigerian Supreme Court – it is as if it is no longer supreme, as it has to now have its supreme decisions ‘supremised’ by its own very self.
In 1963, the Federal Republic of Nigeria was proclaimed and the Supreme Court of Nigeria was established as the highest court in the land.

The Supreme Court in its current form was shaped by the Supreme Court Act of 1990 and by Chapter VII of the 1999 Constitution of the Federal Republic of Nigeria.

The Supreme Court is tasked with two basic functions – interpretation of legislations to determine their constitutionality and acting as the final court of appeal in all civil and criminal matters.

 

 

 

 

 

Under the 1999 constitution, the Supreme Court has both original and appellate jurisdictions. It has sole authority and jurisdiction to entertain appeals from the Court of Appeal and decisions rendered by the court are binding on all courts in Nigeria.

The Supreme Court is a last resort tribunal. Its rulings cannot be appealed, according to the law, and that is what most of us have believed.

When the PDP and its Imo State governorship candidate Emeka Ihedioha said they were going to ask the Supreme Court to review its judgement which removed Ihedioha from office recently, lay people like us felt they were shooting the wind or just blowing hot air.

But against all expectations by unlearned persons like us, the Supreme Court is currently reviewing its own judgments not only on the Imo matter but also for Zamfara State.
Just yesterday, it sat to review its judgments on governorship election results in the two States. The court has fixed March 2nd 2020 to hear the two applications challenging the original verdicts.
So, it seems like the Supreme Court is trying itself; and because there are several other political cases with similar backgrounds, including in Rivers and Bayelsa, there may be no end to this review process.
But there’s a first in every thing, although some legal minds argue that this is not really the first time the Supreme Court is reviewing its own judgment; that it has happened before. But for many of us, a myth is being broken – that the judgment of the Supreme Court can be challenged.
We only hope the Court is still the last hope of the common man, as has been touted to us time and again.

Epa Ogie Eboigbe, veteran journalist, broadcaster and public affairs specialist writes on, and analyses current and historical issues with a ‘wise pen’.

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