JURISDICTION ā Effect of Proceedings Without Jurisdiction ā Void ab Initio
Principle Statement
If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, quoting Lord Denning in Macfoy v. U.A.C. Ltd, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 21; Paras CāD.
"If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse."
Explanation / Scope
This principle establishes that a void act is automatically a nullity, incurably bad, without need for a court order to set it aside. All proceedings founded on it are also bad. The principle applies where an act is void. It ensures that void acts have no legal effect. The principle reflects that a void act is a nullity. It prevents reliance on void acts. The court may declare it void for convenience. The principle provides guidance on the effect of void acts.
