LEGAL PRINCIPLE: APPELLATE PRACTICE — Power of Appellate Court to Order Retrial — Precondition of Trial Court’s Jurisdiction
PRINCIPLE STATEMENT
It is curious law, if it is law at all, to expect the Court of Appeal to order a retrial in a matter in which the trial court has no jurisdiction in the first place to entertain. Jurisdiction of the court below is a precondition for invocation of section 16 of the Court of Appeal Act.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Olutola v. University of Ilorin (2004) NLC-2111999(SC) at pp. 34–35; Paras E–B.
"It is curious law, if it is law at all, to expect the Court of Appeal to order a retrial in a matter in which the trial court has no jurisdiction in the first place to entertain. … Jurisdiction of the court below is a precondition for the invocation of the provision of section 16 of the Court of Appeal Act."
EXPLANATION / SCOPE
A retrial cannot be ordered where the trial court lacked jurisdiction from the outset. Jurisdiction is a precondition for invoking retrial powers under section 16 of the Court of Appeal Act. The principle applies to appellate practice. The rule prevents appellate courts from ordering new trials in void proceedings. Proceedings without jurisdiction are a nullity, incapable of being retried.
