Principle Statement

Any defect in competence is fatal as the proceedings are nullity however well conducted and decided, the defect is extrinsic to adjudication.

Ratio Decidendi (Source)

Per Adekeye, JSC, in Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC) at p. 8; Paras C–D.

"Any defect in competence is fatal as the proceedings are nullity however well conducted and decided, the defect is extrinsic to adjudication."

Explanation / Scope

This principle establishes that any defect in competence is fatal and renders proceedings a nullity, regardless of how well conducted. The defect is extrinsic to adjudication. The principle applies where competence is challenged. It ensures that courts do not act without competence. The principle reflects that competence is fundamental. It prevents courts from validating incompetent proceedings. The court must declare proceedings null. The principle provides guidance on the effect of defects in competence.

Cases Applying This Principle