| Popis: |
The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, the Court’s powers to review its judgment based 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. Second, the Court’s power to review, that is, sit as an appellate Court on its judgments. Plethora of Supreme Court judgments in both jurisdictions was examined in dealing with the two germane issues raised. The paper concludes that in respect of the former, such power enures the Court while in case of the latter, such power does not enure it. It calls for amendment of applicable laws so that the Court can sit as an appellate Court on its judgments. It however cautions that this power of review should be rarely exercised unless there exist a clear case of gross miscarriage of justice based on strong compelling facts. |
