Article 93 (2) (d) of the Rules of Court provides that in addition, such an application
shall:
“indicate the nature of the evidence to show that there are facts justifying revision of the judgment
and that the time limit laid down by Article 92 has been observed”.
Article 92 provides:
“an application for revision of a judgment shall be made within three (3) months of the date on
which the facts upon which the application is based came to the applicant’s knowledge”.
The above Articles lend credence to the fact that issues raised must be new, of a
decisive nature and not within the knowledge of the Applicant and the Court as at
the time judgment was delivered provided it is not as a result of negligence of the
party.
In DJOT BAYI TALBIA & 1 OR V. FEDERAL REPUBLIC OF NIGERIA & 3 ORS,
(2010) CCJELR, Pg 21 Para 7, this court laid down three (3) conditions precedent to
a successful application for review of judgment/decision as follows:
a. The application must be made within five years of the delivery of the decision
which is sought to be reviewed.
b. The party applying for a review must file his application within three months
of his discovering of new fact/facts upon which his application is based.
c. An application for review must be premised on the discovery of new facts that
are of a decisive nature, which facts were unknown to the Court or the party
claiming revision provided that such ignorance was not due to negligence.
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