NIGERIA SOCIAL INSURANCE TRUST FUND v. WING COMMANDER PULLEN EGBE IYEN & ORS
(2014)LCN/6869(CA)
RATIO
WHETHER A NULLIFIED DECISION BY THE COURT CAN CONFER ANY RIGHT ON ANY PERSON OR AUTHORITY
The first Respondent having been discharged by the Supreme Court, and orders of confiscation having been set aside, naturally would make moves to recover possession of his properties, it is settled that a Judgment that is a nullity has no legal validity and can confer no right nor impose any obligation on anybody, see: AJIBOYE v. ISHOLA (2006) 13 NWLR (PART 998) 628;The decision of the Supreme Court in Iyen having clearly declared the action of the Court Martial a nullity cannot confer any right on any person or authority, it also follows that the same Judgment cannot be relied on to pursue any right, the 2nd – 5th Respondents who sold the property, subject matter of this appeal had no right to confer title on any person including the Appellant. The law is settled that nobody can give what he does not have or possess, See: Nemo dat quat non habet OGBUTA V. ONUNA (2007) 10 NWLR PART 1042. Per TIJJANI ABUBAKAR, J.C.A
