ELECTION LAW — Time-Barred Appeal — Court Lacks Jurisdiction to Revive Dead Matter
Ratio Decidendi
Per Peter-Odili, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at pp. 71—72; Paras E—A:
"A court of law is enjoined to adjudicate between parties in relation to their competing legal interest and never to engage in a mere academic discourse upon a matter that died some weeks ago. I will further state that inspite of the enormity of the powers and functions of the Court, it lacks the jurisdiction to raise to life a dead issue, cause or matter such as this appeal in the Court below."
Explanation / Scope
This principle establishes that a court lacks jurisdiction to revive a time-barred or dead matter, and it should not engage in academic discourse on such matters. The principle applies where appeals are time-barred. It ensures that dead matters are not revived. The principle reflects the finality of time-barred matters. It prevents waste of judicial resources. The court must decline jurisdiction. The principle provides guidance on time-barred appeals.