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AKINGBOLA V. INTERCONTINENTAL BANK PLC (2025) 5 NWLR (PT. 1984) 343

ON WHAT IS MOOT CASE

A moot case is a matter in which a controversy no longer exists; a case that presents only an abstract question that does not arise from existing facts or rights. Thus, a moot case is drained of any casus belli or cognisable interest inter partes to ignite the jurisdiction of a court. (P. 428, paras. G-H).

AKINGBOLA V. INTERCONTINENTAL BANK PLC (2025) 5 NWLR (PT. 1984) 343

ON OPERATION OF DOCTRINE OF MOOTNESS

There cannot be said to be a live issue in a litigation if what is presented to the court for a decision, when decided, cannot affect the parties thereto in any way either because of the fundamental nature of the reliefs sought or of changed circumstances since after the litigation started. In the case of an appeal, the appeal may become academic at the time it is due for hearing even though originally there was a living issue between the parties. The fact that the decision may help any of the parties to re-direct its affairs in an entirely different or probably anticipated situation is irrelevant. [A.-G., Fed. v. A.N.P.P. (2003) 18 NWLR (Pt. 851) 182 referred to.] (P. 421, paras. E-H).

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