Chief Great Ovedje Ogboru & Anor V. Emmanuel E. Uduaghan & Ors (2014)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

From the facts revealed in this case, this is about the third time the applicant is approaching this court for an order setting aside the decision of this court on the 2nd day of March, 2012.

Secondly, applicant is contending that the provision of section 285(1) of the land constitution as amended was not validly enacted and as such the court ought not to have applied same on striking out the consolidated appeals.

It is very clear that this court has no jurisdiction to set aside the earlier ruling delivered by the court being the final court of the land.

If the provisions of section 285(7) of the land constitution is not validly made or unconstitutional, this court has no original jurisdiction to entertain an action in that respect.

Applicant is therefore advised to approach the High Court for a declaration to that effect; as far as the matter is concerned, subject of this application, the matter had been fully laid to rest in our earlier decision on the matter.

In conclusion, the application is a gross abuse of the process of this court and is consequently dismissed with costs of N2,000,000 against applicant and in favour of each set of the respondents payable by Dr. Dickson D. I. Osuala personally.

Motion filed on 21/8/2013 is hereby dismissed.

SC.18/2012(R2)