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EXCEPTION TO DETERMINING JURISDICTION BY WRIT & STATEMENT OF CLAIM

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The point has to be cleared without delay that the law though well settled is that the writ of summons and statement of claim are the materials on which the issue of competence and jurisdiction of Court is raised, however it is not a principle cast in stone or regarded as immutable as circumstances could arise where, when an objection is made by means of a motion on notice, facts deposed to in affidavit in support as well as the counter affidavits and attached exhibits are also utilised to resolve the question, in the same vein could come up the use of evidence already adduced in the resolution of the question of jurisdiction as was the case in the instant matter which came up at the close of evidence and in the final addresses of counsel. Therefore the Court below erred in holding that the trial High Court was correct to determine the objection by reference solely on the writ of summons and statement of claim even though the oral and documentary evidence in proof of the relevant paragraphs of the statement of claim were staring it in the face of the Court. Indeed the Court below ought not to have closed its eyes to the record and the evidence already before it. See Okoroma v Uba (1999) 1 NWLR (Pt.587) 359; Onuorah v KRPC Ltd (2005) 6 NWLR (Pt.921) 393; NDIC v CBN (2002) 7 NWLR (Pt.766) 272; I.K. Martins (Nig.) Ltd v UPL (1992) 1 NWLR (Pt.217) 322; Agbareh v Mimra (2008) 2 NWLR (Pt.1071) 378; Osafile v Odi NO.1 (1990) 3 NWLR (Pt.137) 130; Nigergate Ltd v Niger State Government (2008) 13 NWLR (Pt. 1103) 111 (CA).

— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

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WHERE A PARTY IS A FEDERAL GOVERNMENT AGENCY, THE FHC THAT HAS JURISDICTION

In the case of INEGBEDION V. SELO-OJEMEN & ANOR. (2013) LPELR – 19769 (SC); the Apex Court held: “The effect of Paragraphs (p), (q) and (r) of Section 251 (1) of the 1999 Constitution is to vest exclusive jurisdiction on the Federal High Court over all civil causes and matters in which the Federal Government or any of its agencies is a party. See NEPA V. EDEGBERO (2002) 103 LRCN 2280 at 2281 2282. The provision to Section 251 (1) of the 1999 Constitution does not in any way detract from the exclusive jurisdiction conferred on the Federal High Court by virtue of Section 251 (1) (p), (q) and (r). Consequently the proviso cannot apply.” Per Stanley Shenko Alagoa, J.S.C. (Pp 13 -14 para F – B).

Furthermore the Supreme Court went on to state that: “The law is unequivocally stated by the 1999 Constitution [as amended] in Section 251 (1) (p), (q), (r) and by this Court that where in a matter, one of the parties is the Federal Government or any of its Agencies, it is only the Federal High Court that has exclusive jurisdiction. A State High Court lacks jurisdiction to entertain such a matter. See: NATIONAL ELECTRIC POWER AUTHORITY V. EDEGBERO (2002) 18 NWLR (part 789) 79.” Per Ibrahim Tanko Muhammad, J.S.C (p. 15, paras A – B).

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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 (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)

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JURISDICTION OF COURT – JURISDICTION CAN BE RAISED AT ANY TIME

I have found that ground (1) is premised on the jurisdiction of the lower court. It is the law that even where a court of law does not pronounce whether it has jurisdiction to try a matter or not, once the establishing law or other statutes or the subject matter or party before the court has divested that court of jurisdiction, then jurisdiction does not reside in the court. The ground is properly taken by the appellant in this appeal as issue of jurisdiction can be raised at any level of the proceedings of a court even at appeal levels. See: Nigeria Eng. Works Ltd. v. Denap Ltd. (2001) 18 NWLR (Pt.746) 726.

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

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ISSUE OF JURISDICTION CAN ONLY BE RAISED AT THE ARBITRATION PANEL

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)

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MANAGEMENT AND ADMINISTRATION OF COMPANIES FALLS WITHIN THE FEDERAL HIGH COURT JURISDICTION

Matters relating to management and administration of a Company under the Companies and Allied Matters Act fall within the exclusive jurisdiction of the Federal High Court. See: Sken Consult (Nig.) Ltd. & Anor v. Godwin Sekondy Ukey (1981) 1 SC 6; Omisade v. Akande (1987) 2 NWLR (pt.55) 158. Equally, where the suit involves only the interpretation and/or application of the Memorandum and Articles of Association of the Company, it falls within the jurisdiction of the Federal High Court Section 251(1)(e) of the Constitution.

— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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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

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