Effect of a void act

“The well laid down principle of the law is that one cannot put something on nothing and expect it to stand, it will certainly collapse. Macfoy v. UAC (1961) 3 WLR 405 at 1409. All the proceedings conducted by the Sharia Court of Appeal of Kebbi State in that matter, giving rise to this appeal, were voided by the provision of Section 277 of the 1999 Constitution (as amended). In Macfoy’s case(supra), Lord Denning was reported to have said: “If an act is void, then it is in law a nullity, it is not only bad but incurably bad. There is no need for an order of the Court to set it aside. It (is) automatically null and void without much ado, though it is sometimes convenient to have the Court to declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect to stay there.” Per MUHAMMAD, J.S.C. in MAMMAN v. HAJO (2016-LCER-30562-SC)at (P. 12-13; Paras. E-B)

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