PRINCIPLE STATEMENT

It is not competent for a court before which a motion seeking to invoke its inherent powers is brought to decide the issue still pending before it while that issue is under appeal.

RATIO DECIDENDI (SOURCE)

Per Ogundare, JSC, in First African Trust Bank Ltd v. Ezeghu (1993) NLC-3171991(SC) at p. 31; Paras B–C.
"It is not competent for the court before which a motion seeking to invoke its inherent powers is brought to there and then decide the issue still pending before it."
View Judgment

EXPLANATION / SCOPE

Once a matter is on appeal, the trial court loses jurisdiction over issues appealed and cannot use inherent powers to decide those issues while the appeal is pending. This prevents conflicting determinations—the trial court deciding one way while the appellate court decides differently. Inherent powers are broad but cannot override appellate jurisdiction. When parties appeal, they invoke appellate court’s exclusive authority over the appealed issues. The trial court must await the appellate decision before taking further action on those issues. This principle maintains the hierarchical court structure and prevents trial courts from undermining appeals by re-deciding matters under guise of inherent jurisdiction. Inherent powers remain available for matters not on appeal or for case management not affecting substantive issues under appeal.

CASES APPLYING THIS PRINCIPLE