LEGAL PRINCIPLE: COURTS – Jurisdiction – Academic Questions – Court Will Not Determine Hypothetical Questions
PRINCIPLE STATEMENT
Where a question before the court is entirely academic, speculative or hypothetical, the appellate court in accordance with well established principles must decline to decide such a point.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Bamaiyi v. A.-G., Federation & Ors (2001) NLC-452000(SC) at pp. 23–24; Paras E–A.
"Where a question before the court is entirely academic, speculative or hypothetical, the appellate court in accordance with well established principles must decline to decide such a point."
EXPLANATION / SCOPE
Courts will not decide academic, speculative, or hypothetical questions. The dispute must be real and live, not abstract or moot. The principle prevents advisory opinions. The court requires a genuine controversy with practical consequences for the parties. If the issue has been resolved by events or no longer affects the parties, it becomes academic. The court will decline to rule. The principle conserves judicial resources and ensures that decisions are grounded in concrete disputes. An exception exists for issues capable of repetition yet evading review, but this is narrow. The court examines whether a decision would have practical legal effect. Hypothetical questions are dismissed.