“The case of Akinbobola v Plisson Fisko (1991) 1 NWLR (Pt.167) 270 at 285 would highlight what I have been trying to communicate and there this court had stated in very clear terms the true position of things thus:-
The court being an appellate court, cannot exercise jurisdiction in a matter where the trial Judge is without jurisdiction. It only exercises its appellate jurisdiction to correct the errors of the learned judge; hence it will have no jurisdiction to make consequential orders after it has held that the learned judge had none. Accordingly having held that the learned trial judge had no jurisdiction to make consequential orders the court below could not have made because it can only exercise jurisdiction on appeal as if the proceedings had been instituted in the Court of Appeal as court of first instance. PER M. U. PETER-ODILI, J.S.C., in
