JURISDICTION CAN BE RAISED AT ANYTIME – IT SHOULD BE RAISED EARLIER

JURISDICTION IS FUNDAMENTAL TO ADJUDICATION

Jurisdiction, it is settled, is fundamental to adjudication. It is a radical and crucial necessity for, as in the instant case, where a Court proceeds without jurisdiction to hear the case, the proceedings so embarked upon by the Court are a nulity ab initio however well conducted the proceedings and brilliantly decided the issues agitated therein are. Defect in the Court’s competence is intrinsic and not extrinsic to the entire adjudicatory process. See Oloriode V. Oyebi (1984) 5 SC 1 at 32 33, Mustapha V, Governor of Lagos State and Musaconi Limited V. Mr. H, Aspinall (2013) LPELR 20745 (SC). It must be restated that a Court is only vested with jurisdiction and power to adjudicate on an issue when the matter is brought before it in accordance with both substantive and adjectival law. See Madukolu V. Nkemdilim (1962) SCNLR 341, Ukwu V. Bunge (1997) 8 NWLR (Pt 678) 527.

— M.D. Muhammad, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006

NO JURISDICTION, COURT CANNOT DECIDE

It is a cardinal principle of law that jurisdiction is fundamental to the determination of a suit, as unless a court is competent, it cannot exercise jurisdiction over a suit to the extent of deciding on it.

– Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005

EXCEPTION TO DETERMINING JURISDICTION BY WRIT & STATEMENT OF CLAIM

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

NULLITY FOR LACK OF JURISDICTION

Without doubt, where a case is heard and judgment is delivered by a court without jurisdiction, the proceedings will be a nullity. – Iguh, JSC. Oshatoba v. Olujitan (2000)