Adeyeye's Petition; It Can Be Described As A Millennium/Century Joke From A Day Dreamer~~ A. J Oguntuase Esq.

Adeyeye's Petition; It Can Be Described As A Millennium/Century Joke From A Day Dreamer~~ A. J Oguntuase Esq. 

This indeed can be described as a millennium/century joke from a day dreamer.

It is trite in law that a court of law be it a trial court, Supreme court or an Apex court does not Possess the Power(s) to review it's earlier decision in a particular case but has the jurisdiction to make a departure or distinction from same where and when necessary and do the needful in another case more particularly that each case differ from another and even where its on all fours, a court of law is urged to apply same principle being a judicial precedent.

Where a course of law delivered a judgment on a well considered case like ours, it can not set aside or review same  because the court has become *funtious officio* more particularly that it can not rule against itself.

On the other hand, let it be well noted that it is trite in law that a court of law lacks the jurisdiction/power to set up another panel (of judges) or assign a/another judge/judges on or to sit on, hear and determine an already decided case that was/has been judicially heard and determined which a judgment has been delivered upon after parties to the said petition/suit/case has been heard or determined. No, no way, same has no place in law as it is a settled principle in law that no CJ/CJN/PJ/J have power to rehear or re-determine or re-adjudicate over an already decided case/petition/suit in which judgment has been delivered upon same matter.

In delivering a lead judgment in *Adegoke Motors Ltd. v. Adesanya* [1989] 13 NWLR (Pt.109) 250 at page 275A *Justice Oputa * also known as the *Socrates*(as he then was) of the Supreme Court considered the powers of the Supreme Court or of an apex court (as the final Court in the land) to review its earlier decisions and said:

*We are final not because we are infallible; rather we are infallible because we are final.

It should however be reiterated that a court of law can not rule against itself neither can a court reassigned a decided matter.

The only exception to the settled rule which principle is that a person affected by the Judgment of a Court which is a nullity is entitled to have the very Court set it aside Ex debito justitiae. The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order; (1). Where same was made without jurisdiction or (2). if same has been  fraudulently obtained.
https://nigerialii.org › court-appeal
Elias v Ecobank Nigeria Plc (CA/L/873/2014)[2016] NGCA 62 ....

I must state very clearly here that the judgment of the court of appeal delivered on the 9th of September, 2019 upholding the judgment of the National and State Assembly Election Petition between Biodun Olujimi & another   VS. Adedayo Clement Adeyeye was not obtained by fraud and neither was same delivered without both the Election Petition Tribunal and the Court of Appeal having jurisdiction to adjudicate and determine same.

Ipso-facto, the petition issued by Adedayo Adeyeye to the PJ Court of Appeal is a mere charade, unfounded and a chase of shadows with no root in any law, no rationale or ground. Same cannot stand because one cannot put something on nothing. Its a mere distraction and  calculated attempt enemies of PDP and our forth coming congress.

The Petition written is worthless, malicious, vexatious, gold-digging, an abuse, an insult and only trying to be smart by half. Same is null and void abinitio. "Esin to siwaju ti mu irukere lo". Well, if it were you and I, would you have done less? Ko le work.

Aanu la ri gba. It can only be God. Biodun Olujimi whom God bless and uphold, no one can curse.

Ekiti first, United we stand.
PDP, Power !!!
Olujimi, itesiwaju !!!

- A. J. Oguntuase Esq.  LL.B (OAU, Ife), LB (Abuja), LLM (OAU, Ife), Mphil (in view) - 27-01-2020.
(Former PDP House of Assembly Aspirant, Emure LG. Emure Ule Ewa)