JURISDICTION — Court as Creation of Statute — No Hunger for Jurisdiction
Ratio Decidendi
Per Adekeye, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at p. 31; Paras B—C:
"This Court is a creation of Statute, with specific jurisdiction, it is not hungry for jurisdiction, neither can it be stampeded into succinctly assuming the duties of the legislature by indirectly expanding the Law. An Apex Court must never make hollow orders."
Explanation / Scope
This principle establishes that a court is a creation of statute with specific jurisdiction; it cannot assume the duties of the legislature by expanding the law or make hollow orders. The principle applies in jurisdictional matters. It ensures that courts act within their statutory limits. The principle reflects the separation of powers. It prevents judicial legislation. The court must confine itself to its jurisdiction. The principle provides guidance on jurisdiction.