APPELLATE PRACTICE — Appellate Jurisdiction — Original v. Appellate Jurisdiction — Court of Appeal cannot exercise original jurisdiction to make orders not arising from the decision appealed against
Ratio Decidendi
Per Musdapher, JSC, in Military Administrator (Ekiti State) & Ors v. Aladeyelu & Ors (2007) NLC-123-8-2006(SC) at p. 12; Paras C–E:
"The jurisdiction of the Court of Appeal is appellate and in the circumstances of this case, the Court of Appeal has no original jurisdiction to make the orders it made. As a matter of fact, the orders cannot be legitimate on the face of Edict No. 1 of 1999 titled 'Arajaka of Igbara-Odo Ekiti (Chieftaincy Declaration) Order 1998' which clearly the legality of which was not the subject of the case and upon which the 6th appellant was appointed."
Explanation / Scope
The Court of Appeal exercises appellate jurisdiction only. It cannot exercise original jurisdiction to make orders on matters not arising from the decision appealed against. The court cannot make orders on issues not before it or on the legality of instruments not the subject of the case.