APPELLATE PRACTICE — Jurisdiction — Courts Are Statutory — Cannot Confer Jurisdiction on Themselves
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Umaru & Anor v. Aliyu & Ors (2011) NLC-123-259-2010(SC) at p. 9; Paras A—C:
"I think all courts are statutory including the court of Appeal and this court. Section 6 of the 1999 constitution has donated original jurisdiction and the appellate jurisdiction. The courts, especially the superior courts cannot confer upon themselves jurisdiction where none was conferred on them by the constitution or any relevant statutes in a bid to do justice."
Explanation / Scope
This principle establishes that all courts are statutory, and superior courts cannot confer jurisdiction on themselves where none is conferred by the Constitution or statute, even in a bid to do justice. The principle applies in jurisdictional matters. It ensures that courts act within their conferred jurisdiction. The principle reflects the statutory nature of courts. It prevents judicial assumption of jurisdiction. The court must rely on the Constitution or statute. The principle provides guidance on jurisdiction.