Judiciary-Poetry-Logo
JPoetry

MERE ALLEGATION OF HUMAN RIGHTS VIOLATION SATISFIES RATIONE MATERIAE

Reach more audience. Place advert here.

Dictum

✓ 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.

Was this dictum helpful?

SHARE ON

BEFORE A COURT CAN EXERCISE JURISDICTION

Before a court can exercise jurisdiction respect of any matter, it must:- (a) be properly constituted as regards numbers and qualification of the members of the bench, and no member is disqualified for one reason or the others. (b) the subject-matter of the case is within the jurisdiction and there is no feature in the...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

TRIAL COURT JURISDICTION DETERMINES COURT OF APPEAL’S JURISDICTION

In APGA V. ANYANWU (2014) 7 NWLR (PT 1407) 541 at 567-568, this Court held as follows:- “The jurisdiction of the Court of Appeal to entertain an appeal is dependent upon the jurisdiction of the trial Court to hear and determine the suit before it in the first instance. Where the trial Court lacks the jurisdiction to entertain the case, its proceedings are a nullity and the Court of Appeal would not have the jurisdiction to entertain an appeal arising therefrom. An appeal from proceedings initiated conducted without jurisdiction will be liable to be struck out for want of jurisdiction.”

Was this dictum helpful?

NO JURISDICTION WHERE STATUTORY CONDITION NOT FULFILLED

After all, it is to be remembered that all appeals in this country and elsewhere exist merely by statute and unless the statutory conditions are fulfilled no jurisdiction is given to any Court of Justice to entertain them.

— Lord Atkin, Ohene Moore v. Akesseh Tayee (1933) JELR 85041 (WACA)

Was this dictum helpful?

IT IS PARAMOUNT TO DECIDE ISSUE OF JURISDICTION FIRST

The issue of jurisdiction is the bedrock of adjudication by a Court of law and as such, it is basically considered expedient to resolve same before proceeding to consider the main issues presented to the Court for adjudication on the merit. It goes without saying that the determination of a suit by a Court is...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

JURISDICTION CAN BE RAISED AT ANYTIME BY THE COURT

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

SHIFT FROM THE GENERAL PRINCIPLE THAT JURISDICTION MUST BE HEARD FIRST

A Court is naked and exposed without jurisdiction. It is therefore the general rule to determine jurisdiction first whilst it is an exceptional rule to take steps in defending of protecting the authority of the court first before jurisdiction. However, in recent times, there appears to be a move or a shift by the courts...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 1046 | UO – 0 | GO – 923 | BO – 123

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.