LEGAL PRINCIPLE: APPELLATE PRACTICE — Academic Questions — Courts Will Not Entertain Hypothetical or Academic Matters
PRINCIPLE STATEMENT
Courts of law are not established to deal with hypothetical and academic questions; rather, they are established to deal with matters in difference between the parties.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC) at pp. 24–25; Paras E–A.
"Courts of law are not established to deal with hypothetical and academic questions, rather, they are established to deal with matters in difference between the parties: see National Insurance Corporation v. Power & Industrial Engineering Co. Ltd. (1990) NWLR (Pt. 129) 697, Bamgbaye v. University of Ilorin (1999) 10 NWLR (Pt. 622) 290."
EXPLANATION / SCOPE
Courts do not decide hypothetical or academic questions. The principle applies to all judicial proceedings. There must be a live controversy between the parties. The rule promotes judicial efficiency. The court will dismiss appeals that have become academic. The principle is well-established.