Setting Aside a Null Judgement — A Call for Review

Abstract

Introduction - The 1999 Constitution (like that of 1979) vests the judicial power on the law courts. It endows these courts with all the inherent powers and sanctions of a court of law. The courts exercise these powers by hearing cases and dispensing justice by means of orders and judgements emanating from their decisions. These orders and judgements however bind the parties unless and until they are set aside by the courts either on appeal or by means of judicial review.

In some cases however, the order or judgement turns out to be void or invalid for some reasons. In such cases the judgement debtor moves the court or a higher court to set aside the said order or judgement.

Our law reports are replete with decisions setting aside such orders or judgements. This work examines whether an order setting aside such an order or judgement is the proper thing to do in the circumstance.