Substitution

The word ''substitute" means "a person or thing that you use or have instead of the one you normally use or have" – see Peretu & Ors V. Garila & Ors (2012) LPELR 15534(SC), where Ngwuta, JSC, added
Blacks Law Dictionary, 9th Ed., define the word, substitution, a derivative of the word, substitute, as – "a designation of a person or thing to take the place of another person or thing; the process by which one person or thing takes the place of another person or thing."

SHUAIBU LAU V. PEOPLES DEMOCRATIC PARTY [PDP] &

In Agbakoba V. INEC (supra), the issue was whether the Court below was right to hold that the election conducted while the Appeal was still pending, rendered it a mere academic exercise. This Court held that the matter had not become an academic exercise because it was still within the jurisdiction of the Federal High Court, being a pre-election matter. Tabai, JSC, gave the reason as follows –
The Appellant challenged the propriety of his substitution with the 3rd Respondent and that remains a live issue until its determination by the final appellate Court, notwithstanding any act taken by the Respondents. I hold, therefore, that the Court below erred in law on this issue. Its jurisdiction remained intact. It has a duty to hear and determine the appeal presented there for adjudication.
Odedo V. INEC (supra), dealt with the same issue- substitution, and this Court arrived at the same conclusion. Tobi, JSC, insisted that –
The reliefs are not only capable of enforcement but can be enforced. If a Court of law comes to the conclusion that the substitution was not in compliance with Section 34 of the Electoral Act, 2006, it will declare it a nullity as was done in the case of Ugwu V. Ararume (2007) 12 NWLR (Pt. 1048) 367.
In Adeogun V. Fashogbun (supra), it was the same issue but this time the Court below refused the Application to strike out the Appeal. In dismissing the Appeal, this Court, per Tobi, JSC, pointed out that –
Academic and hypothetical issues of questions do not help in the determination of the live issues in a matter. They are merely on a frolic or they are frolic-some; not touching or affecting the very tangible and material aspects in the adjudication process. As a matter of law, they add nothing to the truth searching process in administration of justice. This is because they do not relate to any relief.