Functus Officio Principle versus Power of a Court to Set Aside Its Own Judgment, Decision or Order

Abstract

In the adjudicatory process, certain perennial reservations exist about the power of a trial Court over its judgment or order. These include the queries whether the rule that once a Court delivers a judgment it becomes functus officio is unchangeable and whether it is not an injudicious act for a Court to sit on appeal over its judgment? There is also the related question about permissible circumstances a Court can set aside its judgment without amounting to approbating and reprobating. Given these concerns, this paper deployed the doctrinal research method to critically analyse decisions of superior Courts on the principle of functus officio and bindingness of Court judgment. The paper established that functus officio principle is ageless and crucial in the adjudicatory ecosystem in promoting finality of Court judgments. The paper further unearthed that notwithstanding its usefulness, there are many recognised exceptions to the functus officio rule which authorise a Court to set aside its earlier judgment such as when the judgment or order is a nullity. While the exceptions were viewed as commendable, it was however recommended that the power of a Court to set aside its own judgment should be sparingly exercised except in the interest of justice.