Appraising the Power of the Supreme Court to Review its Judgment and the Impact on Democracy

Abstract

The article appraises the power of review of the Supreme Court on
its own judgment in Nigeria despite the fact that the Court is one
of finality once it delivers its judgment. The Supreme Court has
the powers to review its judgment based on accidental slip or
omission, clerical error or to vary a judgment or order to give effect
to its purpose or intention that occasioned miscarriage of justice.
It however cautions that this power of review should be rarely
exercised unless there exists a clear case of gross miscarriage of
justice based on strong compelling facts. In examining the said
power of the Supreme Court, this article shall be restricted to
electoral matters which is the fulcrum of the work. It is the
position of this article that the Supreme Court cannot review its
decisions or sit on appeal over same, however, this article posits
that in exceptional circumstances, the Supreme Court can wield
its inherent jurisdiction to reverse its judgment.