– Attitude of Courts to academic/hypothetical issues or questions
Speculative and hypothetical issues can only but, be academic. Our Courts have invariably and consistently declined to decide academic or hypothetical questions. [1]
– Effect of a plea not to entertain academic and hypothetical questions or issues.
Where a party applies that a court declines from assuming jurisdiction in respect to a matter where it enjoys same, because doing so is academic and hypothetical. Such application is akin to an objection that the Court lacks jurisdiction in the first place. A Court does not proceed in vain. A Court exercises its jurisdiction, where approached, in order to resolve a dispute, address an injury and provide relief. So where the exercise of the Court’s jurisdiction would not resolve any dispute and confer any relief arising from the injury occasioned by the dispute between the parties then, indeed, proceeding will be in vain and useless. [2] The Court does not proceed and pronounce in vain over an appeal that has become defunct, of no practical and utilitarian value to the parties. Such academic or hypothetical questions ought to be struck out and jurisdiction declined.[3]
[1] AG Federation v AG of Abia State and others (2001) LPELR-24862(SC) 104 paras D-E.
[2]Dahiru and anoher v APC and others (2016) LPELR-42089 (SC) 25.
[3] AR Security Solution Ltd v EFCC (2018) LPELR-43828(SC) 7-10 paras A-B.