LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Reference under Section 295(2) — Court of Appeal — Duty to Answer Questions Precisely
PRINCIPLE STATEMENT
The Court of Appeal went beyond the answer required for the first question referred to it by the Federal High Court. The questions as formulated did not call for such decision.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fawehinmi & Ors v. Babangida & Ors (2003) NLC-3602001(SC) at p. 27; Paras A–C.
"The Court of Appeal went beyond the answer required for the first question referred to it by the Federal High Court. The questions as formulated by the Federal High Court did not call for such decision."
EXPLANATION / SCOPE
Courts answering constitutional references must confine themselves to the questions asked. The principle applies to constitutional references. The court should not exceed its jurisdiction. The rule ensures focused answers. The court should answer precisely without extraneous decisions. The principle is well-established.
