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ISSUE OF STATUTE BARRED CHALLENGES COURT JURISDICTION

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It is also well established that when a party raises the issue that an action is statute barred, he is no doubt challenging the competence of the Suit and the jurisdiction of the court to entertain it.

– Oseji, JCA. SIFAX v. MIGFO (2015)

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jurisdiction, statute barred

SUBJECT MATTER OF THE CLAIM THAT DETERMINES JURISDICTION

It is trite law that it is the claim of the Plaintiff that determines the jurisdiction of the Court. P & C.H.S CO. LTD. & ORS. V. MIGFO (NIG.) LTD. & ANOR. (2012) VOL. 212 LRCN 1; ABDULHAMID V. AKAR (2006) 5 SCNJ 43. Making it more explicit, the Apex Court in the case of OLORUNTOBA-OJU & ORS. V. DOPAMU & ORS. (2008) LPELR 2595 (SC) P. 19 PARAS. A-B, Per Oguntade JSC, held thus: “The jurisdiction of the Court will be determined by the subject matter of the claim and not the claim relating to the injunction which was an ancillary relief and depend on the primary claim.”

— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017

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JUDGE SHOULD NOT MAKE PRONOUNCEMENTS ON THE CASE AFTER STRIKING OUT FOR WANT OF JURISDICTION

It is my judgment that the Judge was wrong in dismissing the suit rather than striking it out when he held that he had no jurisdiction. The court was not just wrong, I dare say that the court abdicated a constitutional obligation or duty. In any case, the law is that even where a court finds that it had no jurisdiction he has no business making any other order or proceeding further other than to do his only duty, which is to strike out the matter or case: Obi v. I.N.E.C. (2007) All FWLR (Pt. 378) 1116, (2007) 11 NWLR (Pt. 1046) 565. Also the case of John Egbele v. The Post Master General (unreported decision of this court in CA/L/585/05 delivered on 10 November 2010) wherein this court, per Mukhtar JCA in his lead judgment said at page 10 thus: “The court below having rightly held that it lacked jurisdiction in the matter, ought to have simply struck out the matter as it lacked the competence to decide any other issue. The further pronouncement by the court that the suit was statute-barred was null and void and same is hereby struck out” In Okotie-Eboh v. Manager (2005) 123 LRCN 256, (2005) All FWLR (Pt. 241) 277, the Supreme Court also made it clear, per Edozie JSC at page 288, paragraph K of the report that the superfluous pronouncement made after a finding that the court had no jurisdiction was academic as courts of law are not academic institutions. I must say that it is for this same reason that I had in the decision of this court in Egbele v. The Post Master General said in my contribution as follows: “it is in the same reasoning that I hold that challenge raised in ground No. 2 of the appeal – bordering as it were on the limitation of action, has no merit as the High Court of a State including that of Lagos State has no jurisdiction to proceed to pronounce on the incompetence of the suit for being statute-barred after it had found … That it lacked jurisdiction to adjudicate the matter.”

— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)

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JURISDICTION OF THE COURT IS DETERMINED BY CAUSE OF ACTION

The jurisdiction of the court is determined by the cause of action of the plaintiff as endorsed on the writ of summons or from both the writ of summons and the statement of claim. Where however, an action is commenced by Originating summons then it is the reliefs sought as well as the averments in the affidavit in support of the originating process that would be examined to discern if the court has jurisdiction. These would be relied on if the facts placed before the court as contained in the statement of claim or the affidavit in the case of originating summons are clear and unambiguous to enable it determine the issue. This is because it is the plaintiff who invokes the constitutional right for a determination of his right and accordingly the exercise of the judicial powers of the Constitution vested in the courts. See: A-G., Oyo State v. NLC (2003) 8 NWLR (Pt. 821) page 1; Akande & 2 Ors. v. Busari Alagbe & Anor, (2001) FWLR (Pt. 38) page 1352, (2000) 15 NWLR (Pt.690) 353; A.-G., Federation v. Guardian Newspaper Ltd. & 5 Ors. (2001) FWLR (Pt. 32) page 93, (1999) 9 NWLR (Pt. 618) 187; Messrs N. V. Scheep & Anor. v. The MV’s Araz & Anor. (2000) FWLR (Pt 34) page 556, (2000) 15 NWLR (Pt. 691) 622; NEPA v. Atukpor (2001) FWLR (Pt. 20) page 626, (2000) 1 NWLR (Pt. 693) 96; General Sani Abacha & 3 Ors. v. Chief Gani Fawehinmi (2000) FWLR (Pt. 4) page 557, (2000) 6 NWLR (Pt. 660) 228; Okulate & 4 Ors. v. Awosanya & 2 Ors. (2000) 2 NWLR (Pt. 646) page 530-6.

— Aboki, JCA. Action Congress v INEC (2007) – CA/A/101/07

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JURISDICTION MAY BE RAISED AT ANYTIME

Equally, true is the fact that the issue of jurisdiction may be raised at any stage of a proceeding up to the final determination of an appeal even by the highest court of the land. A trial court and, indeed, an appellate court may raise it suo motu at any stage of a proceeding, but must invite the parties to address it on the issue before it takes its decision thereupon.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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MERE ALLEGATION OF HUMAN RIGHTS VIOLATION SATISFIES RATIONE MATERIAE

✓ Para. 14: In Serap V. Federal Republic Of Nigeria & 4 ors, (2014) ECW/CCJ/JUD/16/14 (unreported), the Court held that the mere allegation that there has been a violation of human rights in the territory of a member State is sufficient prima facie to justify the jurisdiction of this Court on the dispute, surely without any prejudice to the substance and merits of the complaint which has to be determined only after the parties have been given the opportunity to present their case, with full guarantees of fair trial.

✓ Para 15: Similarly in El Hadji Aboubacar Vs. BCEAO & Rep. of Niger (2011) CCJELR (unreported) pg. 8, Para 25, the Court found that for an application to be admissible in matters of human rights, the mere citing of the facts connected with such description suffices to confer competence on it.

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WHERE COURT LACKS JURISDICTION, IT CANNOT DETERMINE ANY ISSUE

Kekere-Ekun JSC in the case of James v INEC Supra, at Page 583-584 Para H-A: “…it is clear that where a court lacks jurisdiction to entertain a cause or matter, it lacks jurisdiction to determine any issue arising within that cause or matter. To attempt to do so would amount to delving into the merit of the case, which would amount to a nullity in the event that the court lacks jurisdiction to determine the suit.”

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