LEGAL PRINCIPLE: APPELLATE PRACTICE – Court of Appeal – Powers under Section 16 of the Court of Appeal Act
PRINCIPLE STATEMENT
The Court of Appeal shall have full jurisdiction over the whole proceedings as if the proceedings had been instituted in the Court of Appeal as a court of first instance and may re-hear the case in whole or in part, or may give such other directions as to the manner in which the court below shall deal with the case in accordance with the powers of that court. However, where a trial court has been declared as lacking in jurisdiction by the Court of Appeal to hear and determine a matter, then whatever orders made by the trial court cannot be varied or further orders made thereon by the Court of Appeal.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in International Bank for West Africa Ltd. & Anor v. Pavex International Company (Nigeria) Ltd. (2000) NLC-781994(SC) at p. 23; Paras D–E.
"The Court of Appeal shall have full jurisdiction over the whole proceedings as if the proceedings had been instituted in the Court of Appeal as a court of first instance and may re-hear the case in whole or in part, or may give such other directions as to the manner in which the court below shall deal with the case in accordance with the powers of that court. However, where a trial court has been declared as lacking in jurisdiction by the Court of Appeal to hear and determine a matter, then whatever orders made by the trial court cannot be varied or further orders made thereon by the Court of Appeal."
EXPLANATION / SCOPE
Section 16 of the Court of Appeal Act grants the Court of Appeal broad powers, including full jurisdiction to rehear cases as if they originated in that court. However, this power does not extend to curing fundamental defects. Where the trial court lacked jurisdiction, all its orders are nullities. The Court of Appeal cannot vary or make further orders on such proceedings because there is no valid foundation. Jurisdiction is foundational—once absent, no valid orders exist to be varied. The appellate court’s power under Section 16 cannot breathe life into proceedings that were a nullity ab initio.