LEGAL PRINCIPLE: APPELLATE PRACTICE — Academic Appeals — Live Issues — When an appeal becomes academic and should not be entertained by the court
PRINCIPLE STATEMENT
Courts do not embark on academic exercises because they are not academic institutions. The general principle is that the outcome of litigation by way of judgment binds only the parties. Courts can only make enforceable orders and do not act in vain.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC) at pp. 16–17; Paras A–C.
"Courts of law do not embark on academic exercise because they are not academic institutions... The general principle of law is that the outcome of litigation by way of judgment binds only the parties... Courts of law can only make enforceable orders, and like nature, they do not act in vain."
EXPLANATION / SCOPE
Courts decide only live controversies. Academic or hypothetical appeals will not be entertained. The principle applies to all courts. The court must have a real dispute to resolve. The rule prevents advisory opinions. The court will dismiss academic appeals. The principle is fundamental.