LEGAL PRINCIPLE: APPELLATE PRACTICE — Live Issues — Necessity of actual controversy between parties for court to assume jurisdiction
PRINCIPLE STATEMENT
There must exist between the parties a matter in actual controversy which the court is called upon to decide as a living issue. Courts have no jurisdiction to give advisory opinions. Any judgment not deciding a living issue is academic or hypothetical.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC) at pp. 21–22; Paras D–B.
"There must exist between the parties to a suit or an appeal a matter in actual controversy which the court is called upon to decide as a living issue. This is because on the basis of the extant grundnorm upon which our judicial authority is based, courts in this country have no jurisdiction to give advisory opinions. Any judgment which does not decide a living issue is academic or hypothetical."
EXPLANATION / SCOPE
Actual controversy is required for jurisdiction. The principle applies to all courts. Advisory opinions are not permitted. The rule ensures that courts decide real cases. The appeal will be dismissed if academic. The principle is fundamental.