APPELLATE PRACTICE — Consequential Orders — Power of Court to Grant Relief Not Specifically Claimed
Ratio Decidendi
Per Onnoghen, JSC, in Amaechi v. INEC (2005) 5 NWLR (Pt. 1080) 227 at 394, adopted by Muntaka-Coomassie, JSC, in Osun State Independent Electoral Commission v. Action Congress (2010) NLC-2652009(SC) at p. 34, paras. B–D:
"A consequential Order is one giving effect to the judgment which it follows; it is not an order made subsequent to a judgment which detracts from the judgment or contains extraneous matters... where a person has not specifically asked for a relief from trial court, a trial court has power to grant such a relief as a consequential relief."
Explanation / Scope
This principle establishes that a court has the power to grant consequential reliefs not specifically claimed, provided they give effect to the judgment and do not detract from it or introduce extraneous matters. The principle applies where a court makes orders to give effect to its judgment. It ensures that judgments are effective and complete. The principle reflects the court’s inherent power to make consequential orders. It prevents judgments from being rendered nugatory. The court must ensure the order is consequential and not extraneous. The principle provides guidance on the scope of consequential orders.