CIVIL PROCEDURE — Interlocutory Proceedings — Avoidance of Prejudging Merit — Court Should Not Comment on Substantive Issues
Ratio Decidendi
Per Muntaka-Coomassie, JSC, quoting Okotie-Eboh v. Ebiowo Manager, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 45; Paras C–D:
"In a ruling on an interlocutory application the court should avoid making any observation that might appear to prejudge the main issue in contention between the parties."
Explanation / Scope
This principle establishes that in interlocutory rulings, courts should avoid observations that might prejudge the substantive issues. The principle applies where interlocutory applications are heard. It ensures that the trial on the merits is not prejudiced. The principle reflects the need for impartiality. It prevents courts from appearing to pre-judge. The court must limit observations. The principle provides guidance on the limits of interlocutory rulings.