A LEGAL SYNERGY BETWEEN THE FINALITY OF THE DECISION OF THE SUPREME COURT AND THE POWER OF THE STATE TO CREATE AUTONOMOUS COMMUNITIES: A CASE STUDY OF OMUO EKITI, EKITI STATE, NIGERIA

Abstract

Conflicts are inevitable integral part of human existence. To forestall an unrestrained reign of anarchy whenever conflicts occur, dispute resolution mechanism is proactively put in place and indeed forms an essential component of human society. A number of factors usually precipitate human conflicts. In the contemporary society, the law court plays a pivotal role in settling existential conflicts. In Nigeria, the judicial powers are donated to the courts by the Nigerian Constitution and other relevant statutes. The court as judicial umpire performs two basic functions. The first one is the resolution of disputes duly submitted to it by the aggrieved parties whilst the second one which is intractably knitted to the first function deals with the sacred duty of ensuring strict conformity of all actions both private and governmental; with the established legal order in the society. Public policy dictates an end to litigation. Hence, where parties have submitted themselves to the jurisdiction of the court in relation to dispute between them and a verdict is eventually pronounced by the court, the doctrine of res judicata will operate as bar against either of the parties from subsequently re opening the same disputes with the party in another litigation. This is however without prejudice to the constitutional right of appeal as an appeal is a continuation of trial and not the initiation of a fresh suit. By the hierarchy of courts in Nigeria, the Supreme Court is the apex and this status renders its decision final on any matter litigated before it. However, notwithstanding the finality of the decision of the Supreme Court, parties may still mutually resort to administrative remedy to re- open and amicably settle dispute earlier adjudicated upon by the Supreme Court. The foregoing development as it occurred in the subsequent creation of Omuo Oke Ekiti as an autonomous community from Omuo Ekiti despite the extant Supreme Court decision that Omuo Oke is a quarter in Omuo Ekiti constitutes the thrust of this work.