For instance, the general position of the law that the issue of jurisdiction of a Court can be raised at any stage of the proceedings of a case, even for the first time at the appellate stage, is not applicable to arbitral proceedings before an arbitral Tribunal because the Act, in Section 12(3) has provided the stage at which a challenge to the jurisdiction of the arbitral Tribunal is to or may be raised by a party.
– Garba, JCA. Dunlop v. Gaslink (2018)
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The Federal High Court, like a High Court of a State or of the Federal Capital Territory has appellate jurisdiction conferred by Section 27 of the Federal High court Act. It can hear and determine appears from: 1) the decisions of Appeal Commissioners established under the Companies Income Tax Act, 1961 and the Personal Income Tax Act, 1968 in so far an applicable as Federal Laws; 2) decisions of the Board of Customs and Excise established under Customs and Excise Management Act, 1958 3) decisions of Magistrates Courts in respect of civil or criminal cases or matters transferred to such courts pursuant to the Federal High Court Act; 4) decisions of any other body established by or under any other Federal enactment or law in respect of matters concerning which jurisdiction is conferred upon that court by the Act.
— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005
In Bakary Sarre & 28 Ors vs. Senegal (2011) (unreported) Pg. 11, Para. 25, the Court held that its competence to adjudicate in a given case depends not only on its texts, but also on the substance of the Initiating Application. The Court accords every attention to the claims made by the Applicants, the pleas in law invoked, and in an instance where human right violation is alleged, the Court equally carefully considers how the parties present such allegations.
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)
The law is well settled that the issue of jurisdiction is so fundamental to adjudication that it can be raised at any stage of the proceedings and even for the first time on appeal to this court. See Usman Dan Fodio University v. Kraus Thompson Ltd (2001) 15 NWLR (Pt. 736) 305; Elabanjo v. Dawodu (2006) All FWLR (Pt. 328) 604, (2006) 15 NWLR (Pt. 1001) 76 115-116 G-A ; PDP v. Okorocha (2012) All FWLR (Pt. 626) 449, (2012) 15 NWLR (Pt. 1323) 205. The issues are therefore competent before this court.
— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)
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.”
para. 25: “25. For clarity, the Defendant and the Intervener raised a serious issue of lack of competence of the Court to adjudicate on the matter. It is trite law that a judgment given without jurisdiction amounts to a nullity no matter how well detailed or conducted the proceedings are.”
Ugokwe v FRN (2005) – ECW/CCJ/JUD/03/05
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