By the decision, the Court of Appeal, with respect, jumped the gun by invoking section 4(1) of the Act, a subsection which is not ripe for application in the light of its inchoate content, vide section 3(1) thereof. This is because the Minister of Justice has not invoked his power to make any order. Courts of law have the jurisdiction to apply existing law which is not subject to an order to make it enforceable. They do not have the jurisdiction to anticipate a law and invoke a law which cannot be enforced, by providing teeth to enforce it. That is the function of the Legislature and courts do not dabble into that legislative terrain. Where a statute confers on a Minister the power to enforce a statute by an order, the statute will not be in force until the Minister has made the order. In view of the fact that by section 3(1) of the Act, the provision of section 4(1) extending the period of six years can only come into operation by an order of the Minister of Justice, the subsection is not available to the respondents as the Minister has not invoked his powers under sections 3(1) and 9(1).
— Niki Tobi, JSC. Marine Co. v Overseas Union (2006) – SC.108/2001