LEGAL NUGGETS (24):SETTING ASIDE JUDGMENT/ORDER.By Adedotun Habeeb Adetunji LL.M (M.IoD), FCAI.

NATIONAL PENSION COMMISSION vs. ROPER & ORS.(2018)LPELR-44920(CA)

ISSUE: SETTING ASIDE JUDGMENT/ORDER: Whether a judge can
set aside his own judgment

PRINCIPLE:
"Generally, a Court lacks the jurisdiction to set aside its own decision except as permitted by law, such as where the decision is a nullity by reason of a beach of procedure or has occasioned a miscarriage of justice.
Another instance is when the judgment is given in default. This general rule of law applies even to interlocutory decisions.
Consequently an interlocutory order stands on the same position as final orders, and cannot be altered except by means of appeal. See ONWUKA v. MADUKA (2002) 18 NWLR (Pt. 799) 586 SC." Per ABOKI, JCA.(P.22,Paras.D-F).