Judiciary-Poetry-Logo
JPoetry

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

Dictum

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)

Was this dictum helpful?

SHARE ON

THE CONCEPT OF JURISDICTION

The concept of what jurisdiction encompasses was proffered in the judgment of this Honourable Court in Aladejobi v. N.B.A. (2013) 15 NWLR (Pt.1376) page 66 at 81, wherein this Court held as to the Constitution of jurisdiction thus: “It is said to be the authority which a Court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision. Such authority of the Court is controlled or circumscribed by the statute creating the Court itself or it may be circumscribed by a condition precedent created by a legislation which must be fulfilled before the Court can entertain the suit. It is the power and authority of a Court to hear and determine a judicial proceedings and power to render particular judgment in a cause of action.”

Was this dictum helpful?

JURISDICTION OF COURT CANNOT BE GIVEN BY RULES OF COURT

The law is settled that the jurisdiction of a Court of record, in its broad and substantive sense, cannot be conferred by the Rules of Court. The Rules of Court are only made, pursuant to the powers conferred on the heads of Courts by the Constitution to make Rules, to regulate practice and procedure in their respective Courts. The Rules they make are only to regulate the practice and procedure in their respective Courts. The Rules do not confer jurisdiction on the Court to entertain causes or matters. Rather, the jurisdiction of Courts in Nigeria is either conferred or vested by the Constitution or the enabling statute establishing the Court.

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

Was this dictum helpful?

ISSUE ON JURISDICTION MUST BE RESOLVED BEFORE ANY OTHER THING

Once the question of jurisdiction is raised, it must be resolved before any further step is taken in the proceedings as the jurisdiction of the Court to entertain the suit is fundamental to the competence of the Court, and has been described as the lifeblood of adjudication. See Statoil (Nig) Ltd v Inducon (Nig) Ltd (2021) 7 NWLR Part 1774 Page 1 at 47-48 Para H-F per M.D. Muhammad JSC; Central Bank of Nigeria v Rahamaniyya G.R. Ltd (2020) 8 NWLR Part 1726 Page 314 at 337 Para A-B per Okoro JSC.

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

Was this dictum helpful?

WHEN A COURT IS COMPETENT TO EXERCISE JURISDICTION OVER A SUIT

A court is said to be competent to exercise jurisdiction over a suit when the following are present: 1. It is properly constituted as regards members and qualification of the members of the bench and no member is disqualified for one reason or another; 2. The subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction; and 3. The case comes before the Court initiated by due process of law, and upon fulfilment of any condition precedent to the exercise of jurisdiction. See MADUKOLU V. NKEMDILIM (1962) 2 SCNLR 341; O’BAU ENGINEERING LTD V. ALMASOL (NIG.) LTD (2022) LPELR 57985 (SC); PETROLEUM (SPECIAL) TRUST FUND V. FIDELITY BANK & ORS (2021) LPELR 56625 (SC); ENEH V. NDIC & ORS (2018) LPELR 44902 (SC); JAMES V. INEC & ORS (2015) LPELR 24494 (SC).

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

Was this dictum helpful?

JURISDICTION GOES TO THE FOUNDATION OF ANY MATTER

Jurisdiction is very fundamental to adjudication because it goes to the foundational competence of any cause or matter or action before the Court. It is indeed the epicenter of the entire litigation process and thus, without it there can be no validity in any proceedings or resultant judgment or ruling of the Court. Thus, without jurisdiction there can be no competence in the Court to exercise its adjudicatory powers. In such a situation, zealousness to do substantial justice, where there is no competence, is not a virtue. It is simply over zealousness. This is so because “Without jurisdiction, the laborers that is the litigant and counsel on the one hand and the Court on the hand labor in vain”.

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

Was this dictum helpful?

ONCE JURISDICTION IS LACKING, THE SUIT COMES TO AN END

Once the Court finds that it lacks jurisdiction over the matter before it, it has a duty to put an end to the proceedings, Sken-consult (Nig.) Ltd v Ukey [1981] 1 SC 6, 25; Adesokan and Ors. v. Adetunji and Ors. [1994] LPELR-152 (SC); Metilelu v. Olowo-Opejo and Anor [2006] LPELR-11598 (SC).

— C.C. Nweze, JSC. Uzoho v NCP (SC.141/2007, Friday, May 13, 2022)

Was this dictum helpful?

No more related dictum to show.