APPELLATE PRACTICE — Inherent Jurisdiction — Nature and Source — Not Granted by Constitution or Legislation
Ratio Decidendi
Per Ngwuta, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at p. 34; Paras A—D:
"In addition to its statutory jurisdiction, a Court of record has its inherent jurisdiction which attaches to, and inheres in it, as an adjudicator and judex. Inherent jurisdiction of a superior Court is essential for its existence and necessary for the proper and complete administration of justice. The power is innate in a Court of record, it is not granted by the Constitution or by legislation, nor can it be abridged."
Explanation / Scope
This principle establishes that a court of record has inherent jurisdiction that inheres in it as an adjudicator, essential for its existence and the administration of justice, and not granted by Constitution or legislation. The principle applies in all proceedings. It ensures that courts can administer justice completely. The principle reflects the innate nature of inherent jurisdiction. It prevents abridgment of inherent powers. The court may invoke it. The principle provides guidance on inherent jurisdiction.