LEGAL PRINCIPLE: JURISDICTION – Courts of Unlimited Jurisdiction – Orders of – Cannot Be Ignored Even If Void
PRINCIPLE STATEMENT
It would be most dangerous to allow a party or his counsel to determine whether its order was null or valid, regular or irregular. They should come to the court and not to arrogate to themselves the power of determining the question. Until set aside, the proceedings and the judgment contained in Exhibit 1 subsist and bind the parties and their privies.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Babatunde & Ors v. Olatunji & Anor (2000) NLC-1481995(SC) at p. 10; Paras C–D.
"It would be most dangerous to allow a party or his counsel to determine whether its order was null or valid, regular or irregular. They should come to the court and not to arrogate to themselves the power of determining the question. Until set aside, the proceedings and the judgment contained in Exhibit 1 subsist and bind the parties and their privies."
EXPLANATION / SCOPE
Parties and counsel cannot arrogate to themselves the power to determine whether a court order is void or valid. That decision rests with courts. Allowing parties to decide would lead to chaos and undermine judicial authority. A court order, however irregular, must be obeyed until set aside by competent authority. The proper recourse is to apply to set aside or appeal. This rule protects the integrity of judicial processes and prevents self-help. No party may unilaterally declare a judgment void and act in disobedience. Court orders bind until judicially vacated.