Where an appeal before the customary court of appeal was incompetent and therefore non-existent in the eyes of the law, there was no decision from which an appeal can lie to the Supreme court. (Pp. 138-139, paras. H-A) Per KEKERE-EKUN, J.S.C. at pages 138-139, paras. F-B: โI have laboured to produce in extenso the findings of the court in Nwaigweโs case, to illustrate the point that the ratio decidendi of the case was that the appeal before the court of appeal was incompetent and therefore a nullity because the sole omnibus ground of appeal did not raise any question of customary Law and further, that the subsequent amendment of the notice of appeal to bring in grounds that would have enabled the court to exercise its appellate jurisdiction, was an exercise in futilityโฆโฆ
See, Ogbuji v. Amadi (2022) 5 NWLR (Pt. 1822) 99 SC
