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JUDGE SHOULD NOT MAKE PRONOUNCEMENTS ON THE CASE AFTER STRIKING OUT FOR WANT OF JURISDICTION

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It is my judgment that the Judge was wrong in dismissing the suit rather than striking it out when he held that he had no jurisdiction. The court was not just wrong, I dare say that the court abdicated a constitutional obligation or duty. In any case, the law is that even where a court finds that it had no jurisdiction he has no business making any other order or proceeding further other than to do his only duty, which is to strike out the matter or case: Obi v. I.N.E.C. (2007) All FWLR (Pt. 378) 1116, (2007) 11 NWLR (Pt. 1046) 565. Also the case of John Egbele v. The Post Master General (unreported decision of this court in CA/L/585/05 delivered on 10 November 2010) wherein this court, per Mukhtar JCA in his lead judgment said at page 10 thus: “The court below having rightly held that it lacked jurisdiction in the matter, ought to have simply struck out the matter as it lacked the competence to decide any other issue. The further pronouncement by the court that the suit was statute-barred was null and void and same is hereby struck out” In Okotie-Eboh v. Manager (2005) 123 LRCN 256, (2005) All FWLR (Pt. 241) 277, the Supreme Court also made it clear, per Edozie JSC at page 288, paragraph K of the report that the superfluous pronouncement made after a finding that the court had no jurisdiction was academic as courts of law are not academic institutions. I must say that it is for this same reason that I had in the decision of this court in Egbele v. The Post Master General said in my contribution as follows: “it is in the same reasoning that I hold that challenge raised in ground No. 2 of the appeal – bordering as it were on the limitation of action, has no merit as the High Court of a State including that of Lagos State has no jurisdiction to proceed to pronounce on the incompetence of the suit for being statute-barred after it had found … That it lacked jurisdiction to adjudicate the matter.”

— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)

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TRIAL COURT JURISDICTION DETERMINES COURT OF APPEAL’S JURISDICTION

In APGA V. ANYANWU (2014) 7 NWLR (PT 1407) 541 at 567-568, this Court held as follows:- “The jurisdiction of the Court of Appeal to entertain an appeal is dependent upon the jurisdiction of the trial Court to hear and determine the suit before it in the first instance. Where the trial Court lacks the jurisdiction to entertain the case, its proceedings are a nullity and the Court of Appeal would not have the jurisdiction to entertain an appeal arising therefrom. An appeal from proceedings initiated conducted without jurisdiction will be liable to be struck out for want of jurisdiction.”

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JURISDICTION OF THE COURT IS DETERMINED BY CAUSE OF ACTION

The jurisdiction of the court is determined by the cause of action of the plaintiff as endorsed on the writ of summons or from both the writ of summons and the statement of claim. Where however, an action is commenced by Originating summons then it is the reliefs sought as well as the averments in the affidavit in support of the originating process that would be examined to discern if the court has jurisdiction. These would be relied on if the facts placed before the court as contained in the statement of claim or the affidavit in the case of originating summons are clear and unambiguous to enable it determine the issue. This is because it is the plaintiff who invokes the constitutional right for a determination of his right and accordingly the exercise of the judicial powers of the Constitution vested in the courts. See: A-G., Oyo State v. NLC (2003) 8 NWLR (Pt. 821) page 1; Akande & 2 Ors. v. Busari Alagbe & Anor, (2001) FWLR (Pt. 38) page 1352, (2000) 15 NWLR (Pt.690) 353; A.-G., Federation v. Guardian Newspaper Ltd. & 5 Ors. (2001) FWLR (Pt. 32) page 93, (1999) 9 NWLR (Pt. 618) 187; Messrs N. V. Scheep & Anor. v. The MV’s Araz & Anor. (2000) FWLR (Pt 34) page 556, (2000) 15 NWLR (Pt. 691) 622; NEPA v. Atukpor (2001) FWLR (Pt. 20) page 626, (2000) 1 NWLR (Pt. 693) 96; General Sani Abacha & 3 Ors. v. Chief Gani Fawehinmi (2000) FWLR (Pt. 4) page 557, (2000) 6 NWLR (Pt. 660) 228; Okulate & 4 Ors. v. Awosanya & 2 Ors. (2000) 2 NWLR (Pt. 646) page 530-6.

— Aboki, JCA. Action Congress v INEC (2007) – CA/A/101/07

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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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EXCLUSIVE JURISDICTION IS ON FHC WHERE ANY OF ITS AGENCIES IS A PARTY

ADEGBITE & ANOR. v AMOSU (2016) LPELR 40655 (SC); wherein it was held that: “The Constitution of the Federal Republic of Nigeria, 1999 (as amended) has conferred exclusive jurisdiction on the Federal High Court in a matter in which the Federal Government or any of its agencies is involved. (Section 251(1) (p), (q), (r) and (s).” Per Ibrahim Tanko Muhammad, J.S.C (p. 16).

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TORT OF CONVERSION IS ACTIONABLE AT THE HIGH COURT

In TRADE BANK PLC v. BENILUX LIMITED (2003), 9 NWLR (pt.825) 416, this court in considering the exclusive jurisdiction of the Federal High court in matters provided under the section 230 (1) (d) of the constitution (suspension and Modification) Decree No.107 of 1993, held that although there is no relationship of customer and banker between the respondent and the appellant which fact would ordinarily have conferred jurisdiction on the High court, the respondent’s case therein, was simply a tort of conversion and therefore actionable in the High Court of a State.
(Relied on in Adetona & Ors. v Igele (2011) – SC.237/2005)

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FEDERAL HIGH COURT HAS JURISDICTION OVER AVIATION MATTERS

The Federal High Court has exclusive jurisdiction over Aviation related causes of action. See Section 251 (1) K of the Constitution; and a plaintiff, claimant would have a valid claim if his suit is commenced within two years from the date of arrival at his destination or from the date on which the aircraft ought to have arrived or from the date the flight ended. See Article 29 of both Legislations.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

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