ELECTION LAW — Stay of Proceedings — Court of Appeal’s Power Under Section 15 — When Inapplicable
Ratio Decidendi
Per Ngwuta, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at p. 52; Paras C—E:
"The provision of S.15 of the court of Appeal Act is inapplicable to matters not before that court or which that court did not send down for retrial. The ruling in respect of which the lower court made its order of 19/9/2011 was not before that court nor was the matter sent down to the Tribunal for rehearing."
Explanation / Scope
This principle establishes that Section 15 of the Court of Appeal Act is inapplicable to matters not before that court or which it did not send down for retrial. The principle applies where the Court of Appeal’s powers are invoked. It ensures that the power is exercised only in appropriate cases. The principle reflects the limits of the Court of Appeal’s jurisdiction. It prevents improper exercise of power. The court must determine if the matter was before it. The principle provides guidance on the applicability of Section 15.