ELECTION LAW — Stay of Proceedings — Inherent Jurisdiction of Court — Cannot Override Express Statutory Provision
Ratio Decidendi
Per Galadima, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at p. 43; Paras D—E:
"Section 6 (6) (a) of the constitution relied upon by the 1st and 2nd Respondents relates to the inherent jurisdiction of the Court. It cannot be used to render ineffective the provisions of an existing law."
Explanation / Scope
This principle establishes that the inherent jurisdiction of the court under Section 6(6)(a) of the Constitution cannot be used to render ineffective the provisions of an existing law. The principle applies where inherent jurisdiction is invoked. It ensures that statutory provisions are respected. The principle reflects the supremacy of statutory provisions. It prevents courts from using inherent powers to override statutes. The court must apply the law. The principle provides guidance on inherent jurisdiction.