NULLITY FOR LACK OF JURISDICTION

RECEIVER/MANAGER WHO IS LIABLE OF CONVERSION WILL BE TRIED IN HIGH COURT OF A STATE

The position of the law is admirably captured and enhanced in the case of 7UP BOTTLING CO. LTD. and ors. v ABIOLA and SONS LIMITED (2001)13 NWLR (pt.730) 469 where the acts and conduct complained of are that of a Receiver/Manager. It was similarly argued on behalf of the Appellants in that case that because it was a Receiver/Manager who sold the Respondent’s properties, it was a matter which bordered on the operation of the companies and Allied Matters Act and falls within the exclusive jurisdiction of the Federal High Court. This Court Per ONU JSC discountenanced this argument and held that since there was an extant injunction restraining the Receiver/Manager from selling the Respondent’s properties, the sale of those properties amounted to conversion which is an action in tort over which the Kwara State High Court has jurisdiction.
(Relied on in Adetona & Ors. v Igele (2011) – SC.237/2005)

MEANING AND IMPORTANCE OF JURISDICTION

Jurisdiction is defined broadly as the limits imposed on the power of a validly constituted court to hear and determine issues between persons seeking to avail themselves of its process by reference to the subject matter of the issues or to the persons between whom the issues are founded or to the kind of relief sought. The question of jurisdiction of a court is a radical and crucial question of competence because if a court has no jurisdiction to hear and determine a case, the proceedings are and remain a nullity ab initio no matter how well conducted and brilliantly decided they might be, because a defect in competence is not intrinsic but extrinsic to the process of adjudication. It is trite law that jurisdiction of a court is determined by the plaintiffs’ claim as endorsed in the writ of summons and statement of claim even where a Federal Government Agency is involved.

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

FEDERAL HIGH COURT APPELLATE JURISDICTION – SECTION 27 FHC ACT

The Federal High Court, like a High Court of a State or of the Federal Capital Territory has appellate jurisdiction conferred by Section 27 of the Federal High court Act. It can hear and determine appears from: 1) the decisions of Appeal Commissioners established under the Companies Income Tax Act, 1961 and the Personal Income Tax Act, 1968 in so far an applicable as Federal Laws; 2) decisions of the Board of Customs and Excise established under Customs and Excise Management Act, 1958 3) decisions of Magistrates Courts in respect of civil or criminal cases or matters transferred to such courts pursuant to the Federal High Court Act; 4) decisions of any other body established by or under any other Federal enactment or law in respect of matters concerning which jurisdiction is conferred upon that court by the Act.

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

WHERE COURT LACKS JURISDICTION, IT CANNOT DETERMINE ANY ISSUE

Kekere-Ekun JSC in the case of James v INEC Supra, at Page 583-584 Para H-A: “…it is clear that where a court lacks jurisdiction to entertain a cause or matter, it lacks jurisdiction to determine any issue arising within that cause or matter. To attempt to do so would amount to delving into the merit of the case, which would amount to a nullity in the event that the court lacks jurisdiction to determine the suit.”