Supreme Court Fines Lawyer N50m, Warns Against Attempts to Reopen Final Judgments

The Supreme Court has reaffirmed the finality of its decisions by imposing a N50 million punitive cost on lawyer S.M. Danyaro for filing an application seeking to overturn one of its judgments, describing the move as an abuse of court process.

The apex court also ruled that the lawyer would lose his right of audience before all courts in Nigeria if the penalty is not paid within 90 days.

The application, filed on behalf of Alhaji AlMustapha Haruna Jokolo, sought to set aside the Supreme Court’s June 4, 2025 judgment in a dispute involving the Gwandu Emirate Council in Kebbi State.

Jokolo argued that the judgment was obtained through fraudulent misrepresentation of the law and violated his constitutional rights to fair hearing and access to justice.

He further urged the court to constitute a fresh panel to hear the appeal afresh.

Opposing the request, counsel to the respondents, Yakubu Maikyau, SAN, maintained that Order 20 Rule 4 of the Supreme Court Rules 2024 only permits correction of clerical errors or accidental slips and does not empower the court to revisit the substance of its final decisions.

Delivering the lead ruling, Justice Jamilu Tukur held that the provision cannot be stretched to permit rehearing of concluded appeals.

“It is not, and has never been, a gateway for rearguing issues already determined, nor does it empower this Court to revisit the substance of its judgment under any guise.”

The court warned that entertaining such applications would destroy the certainty and stability that underpin the justice system.

“Once a judgment has been delivered, it marks the end of the judicial journey. There is no higher forum, no further appeal, and no mechanism for revisiting the merits of the case.”

The justices described the application as an affront to the authority and dignity of the Supreme Court.

According to the court, allowing litigants to request new panels simply because they are dissatisfied with judgments would create endless litigation and undermine public confidence in the judiciary.

The court also expressed concern over what it described as an increasing tendency by some lawyers to file speculative applications without legal foundation.

“The Supreme Court is not an experimental arena for speculative litigation. It is the apex judicial institution whose processes must be approached with the utmost seriousness, restraint, and respect.”

Finding no merit in the application, the court dismissed it and criticised the conduct of the applicant’s lawyer.

“The application is devoid of any merit and constitutes a gross abuse of the process of this Court. It is hereby dismissed.”

The apex court subsequently ordered S.M. Danyaro to personally pay N50 million as punitive costs within 90 days, failing which he would be barred from appearing before any Nigerian court.

The judgment was supported by Justices Uwani Abba-Aji, Ibrahim Saulawa, Emmanuel Agim and Chioma Nwosu-Iheme and reaffirmed the Supreme Court’s position as the country’s final court of appeal.

The ruling echoes the famous observation of late Justice Chukwudifu Oputa in Adegoke Motors Ltd v. Adesanya (1989):

“We are not final because we are infallible, but we are infallible because we are final.”

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