CONSTITUTIONAL LAW ā Original Jurisdiction of the Supreme Court ā Existence of a Justiciable Dispute
Principle Statement
The dispute must raise an issue on which the existence or extent of a legal right depends. It must be definite and concrete. Hypothetical and speculative postulations do not confer jurisdiction. The court has no jurisdiction to give advisory opinions or deal with hypothetical or academic questions.
Ratio Decidendi (Source)
Per Katsina-Alu, JSC, in A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC) at pp. 13ā14; Paras DāC.
"The dispute must raise an issue or question (whether of law or fact) on which the existence or extent of a legal right depends. It must be definite and concrete. The reliefs above are merely hypothetical and speculative postulations. This court has said that it has no jurisdiction to give advisory opinions or deal with hypothetical or academic questions."
Explanation / Scope
A justiciable dispute must be definite, concrete, and involve a legal right. Hypothetical or speculative claims do not invoke jurisdiction. The principle applies to constitutional law and original jurisdiction.
