LEGAL PRINCIPLE: JURISDICTION – Sharia Court of Appeal – No Jurisdiction Over Judgments Delivered Before Its Establishment
PRINCIPLE STATEMENT
The Sharia Court of Appeal has no power to set aside a judgment of a court delivered before the Sharia Court of Appeal was established.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Umaru v. Abdul-Mutallabi (1998) NLC-371992(SC) at pp. 18–19; Paras B–D.
"The Sharia Court of Appeal has no power whatsoever to set aside the judgment of a court which when it was delivered the Sharia Court of Appeal had not been established."
EXPLANATION / SCOPE
Courts cannot exercise retrospective jurisdiction over judgments delivered before they were created. The principle applies to all courts and tribunals. The Sharia Court of Appeal’s jurisdiction is prospective. The court cannot nullify judgments that predate its establishment. The rule protects the finality of judgments. The parties cannot invoke the Sharia Court of Appeal’s jurisdiction for pre-existing judgments. The principle is based on the absence of jurisdiction. The court will strike out such applications. The rule ensures certainty in judicial administration.