APPELLATE PRACTICE — Inherent Jurisdiction — Void Order — Lapse of Time Cannot Validate
Ratio Decidendi
Per Ngwuta, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at p. 36; Paras C—D:
"Though a party, on becoming aware of a void order affecting him should, in prudence, promptly approach the Court that issued the order to declare it a nullity lapse of time cannot validate an order void ab initio. It is void for all times and purposes."
Explanation / Scope
This principle establishes that a void order cannot be validated by lapse of time; it remains void for all times and purposes. The principle applies where void orders are challenged. It ensures that void orders remain nullities. The principle reflects the nature of void orders. It prevents validation by delay. The court must declare them void. The principle provides guidance on void orders.