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  • On whether Supreme Court can hear an appeal emanating from an invalid judgment
- Case Law

On whether Supreme Court can hear an appeal emanating from an invalid judgment

C.P.C. v. Yuguda [2013] 7 NWLR (Pt. 1354) 450 at 462, paras. B-C, per Ariwoola, JSC: “This court already decided that, where there is no valid judgment of the court below there cannot be an appeal. Once there is no longer time for the court below to exercise jurisdiction on a matter, there cannot be […]

On whether Supreme Court can hear an appeal emanating from an invalid judgment

C.P.C. v. Yuguda [2013] 7 NWLR (Pt. 1354) 450 at 462, paras. B-C, per Ariwoola, JSC:

“This court already decided that, where there is no valid judgment of the court below there cannot be an appeal. Once there is no longer time for the court below to exercise jurisdiction on a matter, there cannot be competence in the Supreme Court to assume jurisdiction”.

Notes:

Read our comments on the facts of the above case here. Naturally, the purpose of an appeal is a review by the appellate court of a lower court’s decision. What is therefore contemplated is that such decision must constitute a valid judgment of court. Thus, if the judgment sought to be reviewed by way of appeal is on its own invalid, a further appeal on the said invalid judgment would amount to a worthless exercise.

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