ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 13

On the legal principle of Res
Judicata, Oputa averred in
Iyajji v. Eyigebe (1987) NWLR
(Pt. 61)523 that,
"The legal principle of res
judicata as enunciated and
contained in the famous
opinion of the judges
delivered by De Grey, C.J. in
the equally infamous case of
the Duches of Kingston 20 St
Tr 537: 2 SmLC 13th Ed p. 644:
(1775-1802) All. E.R. Rep 623
was that "Judgments upon the
same manner and between the
same parties were as a plea a
bar and as evidence
conclusive". The rule is a
limitation of estoppel per rem
judicatam to parties and their
privies and it is an affirmation
of the maxim res inter alias
acta alteri nocere non potest.
Simply put the rule means
that a final judgment already
decided between the parties or
their privies on the same
question by a legally
constituted Court having
jurisdiction is conclusive
between the parties and the
issue cannot be raised again.
Once the judgment is final it is
conclusive proof in
subsequent proceedings
(other than an appeal
or a retrial)
between the same
parties or their
privies of the
matter actually
decided." Per
OPUTA, J.S.C. (P.
21, paras. C-G)
As a legal

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practitioner, Oputa counselled
lawyers to actively get
involved in the affairs of the
state and assist the society by
being the guardians for
posterity.
In his book Conduct at the
Bar: The Unwritten laws of the
Legal Profession, Oputa J. (As
he then was) asked, “is the
duty of enabling every
country to promote its own
development in the frame
work of co-operation, free
from any intention or
calculated aim of domination,
whether economic, or political
not an integral part of
Justice?”
“The lawyer of today owes
important obligations not only
to his client, or to the court or
to the administration of justice
but also to the government
and to society as a whole.”…
“The lawyer cannot anymore
remain a stranger to important
developments in the economic
and social affairs of his
country. He should take an
active part in the process of
change. It is essential that the
highest skills of the legal
profession should be
available to the
individual, to the
government and to
the community.
Lawyers
have a duty
to be active
in law reform. In
a developing
country like

ours where public
understanding is slight, the
knowledge of the lawyer is of
considerable importance,
especially in reviewing
proposed legislations and in
promoting and inspiring
respect for the Ruler of Law
and the appreciation by the
citizen of hi ́ɥ