Ratio Decidendi

Per Musdapher, JSC, in Military Administrator (Ekiti State) & Ors v. Aladeyelu & Ors (2007) NLC-123-8-2006(SC) at p. 12; Paras A–C:

"The Court of Appeal has no business whatsoever of deciding the issues raised in the main trial, in claims 6, 7, 8, 9 and 10, by setting aside the appointment of 6th appellant and also by setting aside the Declaration registered in 1995. These issues should wait the decision of the trial court when it considers all the claims on the basis of the evidence to be called by the parties. As mentioned above, the issue before the Court of Appeal was an interlocutory appeal and the matter was not heard or decided on the merits."

Explanation / Scope

In an interlocutory appeal, the Court of Appeal cannot make final orders on undetermined issues that belong to the main trial. Such issues must await the trial court’s decision on the merits. The appellate court exceeds its jurisdiction by deciding substantive issues in an interlocutory appeal.

Cases Applying This Principle