STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

ISSUE OF JURISDICTION CAN ONLY BE RAISED AT THE ARBITRATION PANEL

Reach more audience. Place advert here.

The law therefore is that although in the regular Courts, the issue of jurisdiction can be raised at all stages of the proceedings of a case; from the trial to the final appellate, where a statute prescribed the stage at which the issue is to be raised in the course of the proceedings of a case, the issue cannot be validly and properly raised at any other stage other than the one stipulated in the statute. The general principle applies only where there was no statutory provision as to the particular or specific stage of the proceedings of a case at which the issue of jurisdiction is to be raised by a party.

– Garba, JCA. Dunlop v. Gaslink (2018)

Was this dictum helpful?

SHARE ON

arbitration, jurisdiction

FUNDAMENTAL HUMAN RIGHT CLAIM HINGED ON SUBJECT MATTER OUTSIDE FHC JURISDICTION, THE FHC LACKS JURISDICTION

The Supreme Court in ADETONA V. IGELE GENERAL ENTERPRISES LTD. (2011) 7 NWLR (PT. 1247) PG 542 at page 543 held: “Where a person’s fundamental right is breached, being breached or about to be breached, that person may apply under Section 46(1) to the Judicial Division of the Federal High Court in the State or the High Court of the State or that of the Federal Capital Territory in which the breach occurred or is occurring or about to occur. This is irrespective of whether the right involved comes within the legislative competence of the Federation, or the State or the Federal Capital Territory. However it should be noted that the exercise of this jurisdiction by the Federal High Court is where the fundamental right threatened or breached falls within the enumerated matters on which that Court has jurisdiction. Thus, fundamental rights arising from matters outside its jurisdiction cannot be enforced by the Federal High Court.”

Furthermore, the Supreme Court in the most explicit terms interpreted Section 46(2) of the Constitution at P.564, para. E; F, thus: “On Jurisdiction of the Federal and State High Court over action for enforcement of fundamental rights – A High Court of a State lacks Jurisdiction to entertain matters on Fundamental Rights, although brought pursuant to Section 46(2) of the Constitution, where the alleged breach arose from a transaction or subject matter which falls within the exclusive Jurisdiction of the Federal High Court as provided by Section 251 of the Constitution.”

Was this dictum helpful?

JURISDICTION IS DETERMINED FROM THE FACTS PRESENTED BY THE PLAINTIFF

Para. 12: “The plaintiffs failed to address the issues raised by the defendant in the preliminary objection. This court in its inherent jurisdiction to do justice at all times will however proceed to analyze the issues raised in line with the facts presented by the plaintiffs in the initiating application. This is more so as jurisdiction is determined from the facts presented in a Plaintiffs application and not from the defence.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

Was this dictum helpful?

THE FCT HIGH COURT IS NOT A COURT FOR ALL PURPOSE

Section 299 of the 1999 Constitution, be it noted, regards the FCT, Abuja “as if it were one of the States of the Federation”. Accordingly, for all intents and purposes, FCT High Court, under the Constitution, is no more than a State High Court. The Constitution has never intended it to be a High Court at large with Jurisdiction over matters outside its territory.

– E. Eko JSC. Mailantarki v. Tongo (2017) – SC.792/2015

Was this dictum helpful?

ILLEGALITY OF A CONTRACT IMPACTS THE JURISDICTION OF A COURT

Illegality of a contract or transaction, whenever it is raised as a defence to a claim founded on the said transaction, impacts on the jurisdiction of the court. When the contract on which the plaintiff sues is ex facie illegal, the courts will decline to enforce it for the courts exercise their jurisdiction only to administer the law of the land. They do not exercise their jurisdiction to help the Plaintiff break the law. See GEORGE & ORS v. DOMINION FLOUR MILLS LTD (1963) 1 ALL NLR 71; IBRAHIM v. OSIM (1988) NWLR 257; BARCLAYS BANK D.O.C. v, MEMUNATU HASSAN (1961) ALL NLR 836.

— E. Eko, JSC. CITEC v. Edicomisa (2017) – SC. 163 2006

Was this dictum helpful?

ISSUES ON CONSTITUTION AND JURISDICTION SHOULD BE ADDRESSED AT EARLIEST OPPORTUNITY

It is crystal clear that the question involved in issue 2 for the determination of this court is entirely constitutional. A constitutional issue, like the question of jurisdiction, is not only fundamental but must be disposed of by the court as soon as it is raised to ensure that the proceedings in which it is raised is not rendered nugatory and null and void and that the Constitution which is the supreme law of the land is not breached. See Alhaji Rufai Agbaje and others v. Mrs. W.A. Adelekan and others (1990) 7 NWLR (Pt. 164) 595 at 614. It is in the interest of the best administration of justice that where the issue of jurisdiction or a constitutional issue is raised in any proceedings before any court, it should be dealt with at the earliest opportunity and before a consideration of any other issues raised in the proceedings as anything purportedly done without or in excess of jurisdiction or in breach of the Constitution, which is the supreme law of the land, by any court established under the said Constitution is a nullity and of no effect whatever. See On venta and others v. Oputa and others (1987) 3 NWLR (Pt.60) 259; (1987) 2 N.S.C.C. 900; Attorney General of the Federation and others v. Sode and other (1990) 1 NWLR (Pt. 128) 500; (1990) I N.S.C.C. 271; Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517 at 545 etc. Accordingly, I will proceed firstly to examine issue 2 which raises a grave constitutional question in this appeal.

— Iguh JSC. Onuoha v State (1998) – SC. 24/1996

Was this dictum helpful?

PARTIES TO A CASE DETERMINE THE JURISDICTION OF A COURT

However, what the learned senior Counsel failed to realize is the fact that the presence of the 2nd Appellant, the National Judicial Council and the Honourable Attorney General of the Federation as parties in the case, had pulled in a feature in the case which brought it out of the jurisdiction of the High Court taking into consideration the decision of this Court in Madukolu v. Nkemdelim (supra) earlier quoted in this judgment.

– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)

Was this dictum helpful?

No more related dictum to show.