LEGAL PRINCIPLE: JURISDICTION – Transfer of Cases – Invalid Transfer Order Renders Subsequent Proceedings a Nullity
PRINCIPLE STATEMENT
Where a Chief Judge has no power to issue an order of transfer, the order is null and void, and all subsequent proceedings in the transferee court are equally null and void.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ejike v. Ifeadi (1998) NLC-2741991(SC) at pp. 6–9; Paras B–C.
A transfer order made without statutory authority is a nullity. All proceedings based on that order are also nullities. The principle applies to all transfer orders. The court cannot validate an invalid transfer. The rule protects parties from being subjected to unauthorised proceedings. The defect cannot be cured by consent or participation.
EXPLANATION / SCOPE
“On application by: (a) any party to a cause or matter; or (b) the Customary Court Adviser: the Chief Judge… may… by order stop the hearing of the cause or matter… and… direct that the same be inquired of, tried or determined by such Customary Court as shall appear to have jurisdiction over the same… As the Chief Judge under section 45 had no power to issue an order of transfer on the application of the President of a Customary Court, the order of transfer issued by Araka, CJ on 26th May, 1980 is null and void. As this invalid order initiated the proceedings in the Otuocha Customary Court, the proceedings in the latter court are equally null and void.”