LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Courts of Co-ordinate Jurisdiction — Court Should Not Make Orders That Strike at Heart of Order of Another Court of Co-ordinate Jurisdiction
PRINCIPLE STATEMENT
To commence making orders that strike violently at the heart of the order of a state high court of co-ordinate jurisdiction is to appear to sit on appeal to the decision of that court, causing confusion in the courts.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Nigeria Intercontinental Merchant Bank Ltd. v. Union Bank of Nigeria Ltd. & Ors (2004) NLC-2462000(SC) at p. 10; Paras A–B.
"To commence to make orders that strike violently at the heart of the order of the State High Court of well known co-ordinate jurisdiction is to lend a helping hand in causing confusion in our courts by purporting unwittingly to appear to sit on appeal to the decision of a State High Court."
EXPLANATION / SCOPE
A court should not make orders undermining a co-ordinate court’s order. The principle applies to all courts. Doing so creates confusion and appears to sit on appeal. The rule respects judicial hierarchy and comity. The court should refrain from such orders. The principle is well-established.