LEGAL PRINCIPLE: CIVIL PROCEDURE — Reliefs — Court Will Not Grant Relief for Future Contingent Event
PRINCIPLE STATEMENT
Where no examination has been taken, it is idle to ask a court to grant a relief for the release of a result. Such a relief is not of the nature that should come within the contemplation of fair hearing provisions of the Constitution.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Esiaga v. University of Calabar & Ors (2004) NLC-521999(SC) at p. 15; Paras B–C.
"Where no examination has been taken it is idle to ask a court to grant a relief of the release of a result. It is my view that should any court worth its self lend itself to such a persuasion, then it would have succeeded in no small measure in destroying the Institution of Higher Learning. This type of relief is not of the nature that should come within the contemplation of section 33, Chapter IV of the Constitution of 1979."
EXPLANATION / SCOPE
Courts will not grant relief for future contingent events. The principle applies to civil procedure. A result that does not yet exist cannot be released. The rule prevents speculative or premature relief. The court will not interfere with academic processes before they are completed. The principle is well-established.