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FEDERAL HIGH COURT HAS JURISDICTION IN MATTERS OF FEDERAL GOVERNMENT AGENCY

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The very fact that the operation and interpretation of the provisions of the Constitution affecting the powers and functions of a Federal Government agency is the main subject of this case, the 1st Respondent, the Honourable Attorney General of the Federation as the Chief Law Officer of the entire Federation appointed under Section 150 of the same Constitution, who is therefore not only the guardian of the Constitution but also the protector of the same, the Appellant’s action which sought to protect the violation of the provisions of the Constitution, is certainly not only regarded as an action against the National Judicial Council whose powers and functions were subject of the violation but also against the Honourable Attorney General of the Federation whose role in protecting the provisions of the Constitution from being violated, was in issue in the case. These features of this case are what brought the case within the jurisdiction of the Federal High Court.

– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)

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federal agency, jurisdiction

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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SITUATIONS WHERE ISSUE OF JURISDICTION MAY BE RAISED

Any objection to the jurisdiction of a court can be raised in any of the following situations – a. On the basis of the statement of claim, b. On the basis of evidence received, c. By motion supported by affidavit setting out facts relied on, d. On the face of writ of summons. Where appropriate as to the capacity in which the action was brought or against whom the action was brought.

— O.O. Adekeye, JSC. Goldmark & Ors. v. Ibafon Co. & Ors. (2012) – SC.421/2001

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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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FUNDAMENTAL HUMAN RIGHT CLAIM HINGED ON SUBJECT MATTER OUTSIDE FHC JURISDICTION, THE FHC LACKS JURISDICTION

The Supreme Court in ADETONA V. IGELE GENERAL ENTERPRISES LTD. (2011) 7 NWLR (PT. 1247) PG 542 at page 543 held: “Where a person’s fundamental right is breached, being breached or about to be breached, that person may apply under Section 46(1) to the Judicial Division of the Federal High Court in the State or the High Court of the State or that of the Federal Capital Territory in which the breach occurred or is occurring or about to occur. This is irrespective of whether the right involved comes within the legislative competence of the Federation, or the State or the Federal Capital Territory. However it should be noted that the exercise of this jurisdiction by the Federal High Court is where the fundamental right threatened or breached falls within the enumerated matters on which that Court has jurisdiction. Thus, fundamental rights arising from matters outside its jurisdiction cannot be enforced by the Federal High Court.”

Furthermore, the Supreme Court in the most explicit terms interpreted Section 46(2) of the Constitution at P.564, para. E; F, thus: “On Jurisdiction of the Federal and State High Court over action for enforcement of fundamental rights – A High Court of a State lacks Jurisdiction to entertain matters on Fundamental Rights, although brought pursuant to Section 46(2) of the Constitution, where the alleged breach arose from a transaction or subject matter which falls within the exclusive Jurisdiction of the Federal High Court as provided by Section 251 of the Constitution.”

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COURT PROPERLY CONSTITUTED

Madukolu v. Nkemdilim (1962) 1 All NLR 587 per Bairamian FJ as follows:- “Put briefly, a court is competent when: It is properly constituted as regards numbers and qualifications 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 the case comes before the court initiated by the due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction.”

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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 null and void if done without jurisdiction notwithstanding how well or proper the proceeding was conducted. The jurisdiction of a Court to entertain a matter is therefore fundamental to the extent that if a Court has no jurisdiction to hear and determine a case, the proceedings is a nullity ab initio. See Madukolu v. Nkemdilim (1962) 2 SCNLR 341; A.G. Lagos State v. Dosunmu (1989) 6 SC (Pt. II) page 1; A.G. Rivers State v. A.G. Akwa Ibom State (2011) 8 NWLR (Pt. 1248) 31; Ajao v. Alao (1986) 5 NWLR (Pt. 45) 802; Galadima v. Tambai (2000) 6 SCNJ 190.

— S.C. Oseji, JCA. Access Bank v Edo State BIR (2018) – CA/B/333/2015

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