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July 29, 2019 1:48 pm
"It’s imperative to understand what it means for a court to be functus officio. This honourable court in PRINCE BURUJI KASHAMU v ATTORNEY GENERAL OF THE FEDERAL REPUBLIC OF NIGERIA (2013) LPELR – 22357 (CA) held thus;
"what is the meaning of "functus officio"? When is a court of law functus officio? In Mohammed v Husseini (1998) 14 NWLR (PT.584) P. 108 at 163, the Supreme Court said of functus officio thus: "The latin expression functus officio simply means "task performed". Therefore, applying it to the judiciary, it means that a judge cannot give a decision or make an order on a matter twice. In other words, once a judge gives a decision or makes an order on a matter, he no longer has the competence or jurisdiction to give another decision or order on the same matter ... a judge is functus officio if he gives judgment on the merits..." In kpong v Udobong (2002) 2 NWLR (PT. 1017) P. 184 at 206 this court per Omokri, JCA (of blessed memory) had this to say on the definition of the phrase: "The phrase ‘functus officio" means a task performed, fulfilling the function, discharging the office or accomplishing the purpose and thereby becoming of no force or authority. Also see Anyaegbunam v A.G Anambra State (2001) 6 NWLR (PT. 710) 532; Onyemobi v President O.C.C (1995) 3 NWLR (PT. 381) 50 and Ukachukwu v Uba (2005) 18 NWLR (PT. 956) 1 at 60"per ABOKI, JCA (PP. 49 – 50, PARAS. B – A)
- PER A.O.OBASEKI-ADEJUMO, J.C.A IN KASMAL PROPERTIES LIMITED .V. ADENIRAN ADEDOKUN VENTURES (NIG) LTD &14 ORS APPEAL NO: CA/L/582/2014
LEGALPEDIA ELECTRONIC CITATION: LER[2019]CA/L/582/2014
