REMEMBERING JUSTICE OPUTA 1924-2014: Does the Supreme Court Possess the Powers to review it’s earlier decision

Delivering the lead judgment in *Adegoke Motors Ltd. v. Adesanya* [1989] 13 NWLR (Pt.109) 250 at page 275A *Justice Oputa* also known as the *Socrates* of the Supreme Court considered the powers of the Supreme 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. Justices of this Court are human-beings, capable of erring. It will certainly be short sighted arrogance not to accept this obvious truth. It is also true that this Court can do inestimable good through its wise decisions. Similarly, the Court can do incalculable harm through its mistakes. When therefore it appears to learned counsel that any decision of this Court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be over-ruled. This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error*

Late Chukwudifu Oputa J.S.C in Adegoke Motors Vs. Adesanya.

Source: Barrister George Oputa @ Abuja

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