• October 25, 2016
  • Posted by: Stephen Azubuike
  • Category: Case Law Blog
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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.


Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.

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