THE CONDITIONS FOR RELIANCE ON THE DEFENCE OF ESTOPPEL PER REM JUDICATAM UNDER NIGERIAN LAW: AN APPRAISAL

Once a court gives judgement, the lifespan of a matter dies, and revival is only possible through an appeal; thus, the matter cannot be re-litigated before the same court. However, the problem of procedural error and new evidence arising can affect this defense. The aim of this study, was to examine the defence of estoppel per rem judicatam in Nigeria and its objective was to analyze judicial decisions to identify its essential elements for successful defense in courts, and exploring its historical context and legislative intent in Nigerian legal system. The scope of this research covers exploration of the legal principle, its implications within the Nigerian courts and a comparative analysis with foreign jurisdictions. The major benefactors of this defence are the defendant and the court. Through the doctrinal research methodology, this study revealed the conditions for the applicability of the defence, the effect of its application and the criticism. Consequently, a number of findings were made, including the fact that a judgement of a court regarding a particular matter can be set aside if it was obtained through fraud or misrepresentation and if the court lacked jurisdiction to hear the case. These findings led to a number of far-reaching recommendations, one of which was that, parties invoking estoppel per rem judicatam should meticulously research and confirm all applicable conditions before relying on the defence. It was considered that if these recommendations made in this research are taken seriously, it will help in safeguarding against re-litigation and upholding the principle of finality in judgments of courts in Nigeria.