MBANG CONFIDENCE |
This assertion was not laid to rest as Nna-Emeka Agu on one occasions was pungent to say that the law as made by the legislature are just like bare skeleton which must be given flesh by the courts of law. Before I move further it is expedient to examine a decision of the supreme court that was given without the intention of the legislatures. In Mbanegen Shande V. the state (2005)12 NWLR (Pt.939)301 –A married woman murdered her husband friend, a female, by setting her on fire with kerosene leading to her death, upon an information filed against her, on appeal to the supreme court, she pleaded the defence of provacation, the learned justices of the supreme court in a unanimous decision through EJewunmi J.S.C delivering the led judgement of the court held that,
“the decisions of the supreme court is final, final in the sense of real finality in so far this particular case before that court is concerned it is final for ever, except there is a legislation to the contrary and it had to be a legislation ad-hominem. The supreme court may depart from the principle laid down in their decision in future cases, but does not alter the right, privileges or detriment of the parties concerned arising from the original case”. May I lay emphases on the phrase “real finality”, the implication of that phrase is that any judgement of the supreme court is the law for the time being in force.
Mbang Confidence (S.A.S) is a final year student of the faculty of law University of Calabar, a paralegal of the Godwinson Churchill and co law firm Calabar, he has passion for exploring the law with his Articles and Agitations.for more info :mbangconfidence714 @gmail.com