LEGAL PRINCIPLE: APPELLATE PRACTICE — Appeal — Overtaken by Events — Dismissal Where Event Sought to Be Prevented Has Occurred
PRINCIPLE STATEMENT
Where an appeal has been overtaken by events and the event sought to be prevented has already occurred, the appeal is incompetent and will be dismissed as it invites the court to embark on an academic and fruitless exercise.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Buhari & Ors v. Obasanjo & 266 Ors (2003) NLC-1332003(SC) at p. 10; Paras D–E.
"The undoubted conclusion I have arrived at is therefore that the appeal has been overtaken by events and is incompetent. It is an invitation to embark on an academic and fruitless exercise which is not a function of a court of law."
EXPLANATION / SCOPE
An appeal becomes academic if the event sought to be prevented has already occurred. The principle applies to all appeals. Courts do not decide moot issues. The rule promotes judicial efficiency. The appeal will be dismissed. The principle is well-established.