“In Ardo vs INEC (2017) LPELR – 41919 (SC), this Court per Augie, JSC gave an in-depth analysis of what an academic or hypothetical suit is, to wit: “What is an academic question? It is simply an issue that does not require answer or adjudication by a Court; hypothetical or moot question. See Agbakoba vs INEC (2008) 18 NWLR (Pt. 1119) 489, where this Court, per Chukwuma Eneh further explained that- ‘An action becomes hypothetical or raises mere academic point when there is no live matter in it to be adjudicated upon or when the determination holds no practical or tangible value for making a pronouncement upon it; it is otherwise an exercise in futility. When an issue has become defunct, it does not require to be answered or controvert about and leads to making of bare legal postulations, which the Court should not indulge in; it is like the salt, that has lost its seasoning. And like salt in that state, it has no practical value to anybody and so also a suit in that state has none.” In simple terms an academic issue or question does not relate to the live issues in the litigation because it is spent as it will not enure any right or benefit on a successful party.” Per KEKERE-EKUN, JSC in APC & ORS v. ESIEC & ORS (2021-LCER-40460-SC) (Pp 43 – 44 Paras A – A).

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