APPELLATE PRACTICE — Inherent Powers — Inherent Jurisdiction Cannot Confer Appellate Jurisdiction — Distinction Between Inherent Powers and Appellate Powers
Ratio Decidendi
Per Mahmud Mohammed, JSC, quoting Oputa, JSC in Adigun & Ors. v. Attorney-General Oyo State No. 2 (1987) 2 NWLR (pt. 65) 197 at 235, in Umaru & Anor v. Aliyu & Ors (2011) NLC-123-259-2010(SC) at p. 3; Paras A—C:
"No Court has inherent power to hear an appeal. Any appellate power is traceable to a specific statute. That statute will then define the limit of the appellate jurisdiction it conferred, the persons who can appeal and procedure for such an appeal."
Explanation / Scope
This principle establishes that no court has inherent power to hear an appeal; appellate jurisdiction is derived from a specific statute, which defines its limits, the persons who can appeal, and the procedure. The principle applies in appellate practice. It ensures that appellate jurisdiction is statutory. The principle reflects the distinction between inherent and appellate powers. It prevents courts from assuming appellate jurisdiction. The court must rely on statute. The principle provides guidance on appellate jurisdiction.