Conditions under which a court will review its final judgment

"It is my understanding further, that this Court, under section 22 of the Supreme Court Act and Order 8 Rule 16, has power to set aside in certain circumstances, its decision like any other court where circumstances demand, such as

[i] where any of the parties obtained judgment by fraud or deceit

[ii] where such a decision is a nullity, or;

[iii] where it is obvious that the court was misled into giving the decision under a wrong belief that the parties consented to it.

In fact these grounds for setting aside its own decision have more elaborately been stated in the case of Alao v. ACB Ltd. (2000) 9 NWLR (Pt.672) 264 where the following (5) five conditions have been stated namely:

a) When the judgment was obtained by fraud.

b) When the judgment is a nullity such as when the Court itself was not competent.

c) When the Court was misled into giving judgment under a mistaken belief that the parties have consented to it.

d) When judgment was given without jurisdiction.

e) Where the procedure adopted was such as to deprive the decision or judgment of the character of a legitimate adjudication. See further: Sken Consult v. Ukey (1981) 1 SC 6; Ojiako v. Ogueze (1962) 1 All NCR 58; Igwe v. Kalu (2000) 14 NWLR (Pt.787) 435 at 453 - 454."

Per MUHAMMAD, J.S.C in Ede v. Mba (2011) 18 NWLR (Pt.1278) 236