LEGAL PRINCIPLE: APPELLATE PRACTICE — Right of Appeal — Fresh Issues on Appeal — Hypothetical Matters Not Based on Evidence
PRINCIPLE STATEMENT
Courts of law do not deal with hypothetical matters. Submissions based on hypothetical matters not founded on any evidence before the court or inferences drawn from facts established cannot be considered on appeal.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ejionwu v. The State (1995) NLC-2101992(SC) at p. 7; Paras. A–C.
"Courts of law do not deal with hypothetical matters. Submissions based on hypothetical matters not founded on any evidence before the court or inferences drawn from facts established cannot be considered on appeal."
EXPLANATION / SCOPE
Courts decide actual controversies, not hypothetical questions. Submissions without evidentiary foundation cannot be considered. The principle applies to all courts. The appellant must base arguments on the record. The court will not speculate on unproven facts. The rule promotes judicial efficiency. The parties must present evidence to support their claims. The appellate court will ignore submissions not grounded in evidence. The principle prevents advisory opinions. The court will not consider what might have happened. The rule ensures that decisions are based on facts, not speculation.