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NO JURISDICTION MAKES THE PROCEEDING A NULLITY

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The Law is well settled that where a court has no jurisdiction to entertain any claim, anything done in respect of the claim will be an exercise in futility. In the celebrated case on the subject of jurisdiction and competence of court of Madukolu & others v Nkemdilim & others (1962) 2 SCNLR 342; (1962) NSCC 374; (1962) 1 All NLR 587; Bairamian, F.J. stated the law at page 595 as follows:- “Before discussing those portions of the record, I shall make some observations on jurisdiction and the competence of a court. Put it briefly, a court is competent when:- (1) it is properly constituted as regards members and qualification of the members of the bench and no member is disqualified for one reason or another; and (2) the subject matter of the case is within its jurisdiction, and there is no feature of the case which prevents the court from exercising its jurisdiction; and (3) the case comes before the court initiated by due process of law, and upon fulfilment of any condition precedent to the exercise of jurisdiction.” Once there is a defect in competence, it is fatal as the proceedings are a nullity. See Ojo-Ajao & others v Popoola Ajao & others (1986) 5 NWLR (Part 45) 802 and Attorney-General Anambra State v Attorney-General of the Federation (1993) 6 NWLR (Part 302) 692. — Mohammed JSC. AG Kano State v AG Federation (2007) – SC 26/2006

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FEDERAL HIGH COURT HAS JURISDICTION IN MATTERS OF FEDERAL GOVERNMENT AGENCY

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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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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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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JURISDICTION OF NIGERIAN COURTS

It is trite law that jurisdiction is the life wire of any case. The jurisdiction of a Court is the authority which the Court has to decide matters that are litigated before it. See RAHMAN BROTHERS LTD v. NPA (2019) LPELR-46415 (SC), NWANZE v. NRC (2022) LPELR 59631 (SC), BANK OF INDUSTRY LTD. v. OBEYA (2021) LPELR 56881 (SC). The jurisdiction of the Court in Nigeria is inherent and is bestowed upon it by Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as altered) (hereinafter referred to as 1999 CFRN). Under Section 6(6) of the 1999 CFRN, the judicial powers of the Court extends to all matters between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.

— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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JURISDICTION IS A THRESHOLD ISSUE

I intend to consider first the Issue of jurisdiction canvassed under Issue 3. It is a threshold issue. It is now universally accepted that when an objection is raised in respect of the competence of a suit or an appeal, the jurisdiction of the court that entertained the suit becomes an issue and that the court has a fundamental, if not imperative, duty to resolve the issue before delving into the merits of the case. See B.A.S.F. NIG. LTD v. FAITH ENTERPRISES LTD (2010) 41.1 NSCQR 381 at page 411 per Adekeye JSC. It is an established principle of Nigerian law that where a court lacks competence to try a person or subject matter before it, whatever decision it arrives at on such a person or subject matter is a nullity: NIGERIAN ARMY v. AMINUN-KANO (2010) 41.1 NSCQR 76. If the suit or appeal was not initiated by due process of court and upon fulfillment of any conditions precedent to the exercise of jurisdiction, the competence of the court to adjudicate in the suit or appeal will be adversely affected: MADUKOLU v. NKEMDILIM (1962) 2 SCNLR 342.

— E. Eko, JCA. SPDC v. Ejebu (2010) – CA/PH/239M/2002

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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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