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HomeNewsLegal Snippets (4): When is a Court Functus Officio?

Legal Snippets (4): When is a Court Functus Officio?

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By Prince A.S. Abimbola

A court is said to be functus officio in respect of a matter if the court has fulfilled or accomplished its function in respect of that matter and it lacks potency to review, re-open or re-visit the matter.

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Once a court delivers its judgment on a matter, it cannot re-visit or review the said judgment except under certain conditions. More importantly, a court lacks jurisdiction to determine an issue when it is functus officio in respect of the issue or where the proceedings relating to the issue is an abuse of court process.

Ukachukwu v. Uba (2005) 18 NWLR pt.956 pg.1. Anyaegbunam v. A-G Anambra State (2001) 6 NWLR pt.710 pg.532. Mohammed v. Husseini (1998) 14 NWLR pt.584 pg.108.” Per Adekeye, J.S.C.  delivering the leading judgment of the Supreme Court in FIRST BANK OF NIGERIA PLC. v. T.S.A. INDUSTRIES LIMITED (2010) LPELR-1283(SC).

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