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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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)

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COURT HAS JURISDICTION TO DETERMINE IF IT HAS JURISDICTION

Before a court finally determines a case pending, it is seised with jurisdiction to determine whether or not it has jurisdiction, but once the court has declined jurisdiction it is functus officio – such a decision can only be referred to an appellate court.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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JURISDICTION GOES TO THE FOUNDATION OF ANY MATTER

Jurisdiction is very fundamental to adjudication because it goes to the foundational competence of any cause or matter or action before the Court. It is indeed the epicenter of the entire litigation process and thus, without it there can be no validity in any proceedings or resultant judgment or ruling of the Court. Thus, without jurisdiction there can be no competence in the Court to exercise its adjudicatory powers. In such a situation, zealousness to do substantial justice, where there is no competence, is not a virtue. It is simply over zealousness. This is so because “Without jurisdiction, the laborers that is the litigant and counsel on the one hand and the Court on the hand labor in vain”.

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

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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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PROCEEDING WILL BE REGARDED AS A NULLITY – JURISDICTION

Generally, proceedings before the Court of law can be regarded as a nullity where:- (a) The Court is not properly constituted as regards numbers and qualifications of the members of the bench. (b) The subject-matter of the action is not within the jurisdiction of the Court. (c) The case before the Court is not initiated by due process of law, or that there is a condition precedent to the exercise of jurisdiction. See MADUKOLU V NKEMDILIM, (1962)1 ALL N.L.R 587. — M.L. Shuaibu, JCA. Ekpo v GTB (2018) – CA/C/324/2013

JURISDICTION IS A THRESHOLD MATTER

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JURISDICTION CAN BE RAISED AT ANYTIME BY THE COURT

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NULLITY FOR LACK OF JURISDICTION

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COURT HAS JURISDICTION TO DETERMINE IF IT HAS JURISDICTION

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JURISDICTION GOES TO THE FOUNDATION OF ANY MATTER

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JURISDICTION OF COURT – JURISDICTION CAN BE RAISED AT ANY TIME

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PROCEEDING WILL BE REGARDED AS A NULLITY – JURISDICTION

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