ELECTION LAW — Academic Exercise — Declaratory Reliefs Without Consequential Relief — Petition Becomes Empty
Ratio Decidendi
Per Mahmud Mohammed, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 41; Paras A—B:
"Since it is quite clear that from the day the 6th relief asking for conduct of fresh election was struck out, the petition of the Appellant became empty as it will not enure any right or benefit on the Appellant/Petitioner even if the petition were successful."
Explanation / Scope
This principle establishes that where a petition’s consequential relief is struck out, leaving only declaratory reliefs, the petition becomes empty and an academic exercise, as success would confer no benefit. The principle applies in election petitions. It ensures that petitions have practical effect. The principle reflects the requirement for consequential relief. It prevents academic exercises. The court must dismiss empty petitions. The principle provides guidance on election petitions.