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JURISDICTION CAN BE RAISED AT ANY TIME AND SHOULD BE CONSIDERED EARLIEST

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It is settled law that the issue of jurisdiction can be raised at any stage of the proceedings even on appeal. Jurisdiction is regarded as a threshold issue and a life line for continuing any proceedings, that objection to jurisdiction ought to be taken at the earliest opportunity provided there are sufficient materials before the court to consider it and a decision reached on it before any other step in the proceedings is taken because if there is no jurisdiction the entire proceedings are a nullity no matter how well conducted. See Western Steel Works Ltd. v. Iron and Steel Workers Union (1986) 3 NWLR (Pt.30) 617; Barclays Bank of Nigeria v. C.B.N. (1976) 6 SC 175; Aloha v. Akereja (1988) 3 NWLR (Pt. 84) 508; Odofin v. Agu (1992) 3 NWLR (Pt. 229) 350: Jeric (Nig.) Ltd. v. U. B.N. Plc. (2000) 15 NWLR (Pt. 691) 447 and NDIC v. C.B.N. (2002) 7 NWLR (Pt. 766) 272. It is always in the interest of justice to raise the issue of jurisdiction at the earliest opportunity so as to save time and costs and to avoid a trial in nullity. See Petrojessica Enterprises Ltd. v. Leventis Technical Co. Ltd. (1992) 5 NWLR (Pt. 244) 675, at 693 where Belgore, JSC, said: “It is desirable that preliminary objection be raised early on issue of jurisdiction, but once it is apparent to any party that the court may not have jurisdiction it can be raised even viva-voce as in this case. It is always in the interest of justice to raise issue of jurisdiction so as to save time and costs and to avoid a trial in nullity.” See also Enweremadu v. Ohajuruka (supra) at 478 when Ikongbeh, JCA held inter alia: “Once the jurisdiction of court is called into question, it becomes powerless to do anything in a cause or matter before it other than to inquire into the existence or lack of jurisdiction to entertain the cause or matter, it cannot do anything in furtherance of the cause or matter.”

— Abba Aji, J.C.A. Secondi Bogban & Ors. V. Motor Diwhre & Ors. (CA/B/88/2003, 20 MAY 2005)

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NATURE OF JURISDICTION OF COURTS

Jurisdiction is to a Court what a door is to a house. The question of a Courts jurisdiction is called a threshold issue because it is at the threshold of the temple of justice. Jurisdiction is a radical and fundamental question of competence, for if the Court has no jurisdiction to hear the case, the proceedings are and remain a nullity, however well conducted and brilliantly decided they might have been. A defect in competence is not intrinsic but rather extrinsic to adjudication. Oloba v. Akereja (1988)3 NWLR (Pt.84)508; Oloriode v. Oyebi (1984) 1 SCNLR 390; Ezomo v. Oyakhire (1985) 1 NWLR (Pt. 2) 105; Petrojessica Ent. Ltd. v. Leventis Technical Co. Ltd. (1992) 5 NWLR (Pt. 244) 675; Barclays Bank v. C.B.N. (1976) 6 SC 175; African Newspapers (Nig.) Ltd. v. F.R.N. (1985) 2 NWLR (Pt. 1006) 608; A.-G., Anambra State V. A.-G., Fed. (1993) 6 NWLR (Pt. 302) 692; Saleh v. Monguno (2003) 1 NWLR (Pt. 801) 221. (The underlining is supplied by us for emphasis). Under the Nigerian legal system, Courts are creations or creatures of statutes or legislations such as the grundnorm itself, that is, the Constitution or Decrees or Acts or Laws or Edicts. Hence, it is the legislations themselves that cloak the Courts with powers or adjudicatory jurisdiction. Therefore, if the Constitution, Decrees, Acts, Laws and Edicts do not grant jurisdiction to a Court, the Court itself and or parties cannot by agreement endow the Court with jurisdiction. For once there is a defect in the competence of a Court to adjudicate upon an action, the proceedings in the action no matter how otherwise so well, properly and brilliantly conducted would amount to a nullity and an exercise in futility. Therefore, since Courts are creatures of statutes, their jurisdiction is confined, limited, restricted and circumscribed by the statutes creating them. Moreover, a Court must study the statute which creates it and must not misconstrue same to exercise jurisdiction not donated to it thereby. See also the cases of: (1) Ndaeyo v. Ogunnaya (1977) 1 SC p. 11; (2) National Bank of Nigeria v. Shoyoye (1977) 5 SC p. 181 and (3) A.-G., Fed. v. Guardian Newspapers Ltd. (1999) 9 NWLR (Pt. 618) p. 187.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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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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THE FCT HIGH COURT IS NOT A COURT FOR ALL PURPOSE

Section 299 of the 1999 Constitution, be it noted, regards the FCT, Abuja “as if it were one of the States of the Federation”. Accordingly, for all intents and purposes, FCT High Court, under the Constitution, is no more than a State High Court. The Constitution has never intended it to be a High Court at large with Jurisdiction over matters outside its territory.

– E. Eko JSC. Mailantarki v. Tongo (2017) – SC.792/2015

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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)

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THERE ARE TWO TYPES OF JURISDICTION

In A.G. Kwara State & Anor v Saka Adeyemo & Ors (2016) 7 SC (Pt.II) p. 149. I said that: Jurisdiction is a question of law. There are two types of jurisdiction. 1. Jurisdiction as a matter of procedural law. 2. Jurisdiction as a matter of substantive law. A litigant may waive the former. Again in Appeal No: SC.175/2005 Heritage Bank Ltd v Bentworth Finance (Nigeria) Ltd decided by this Court on 23 February, 2018 Eko J.S.C. explained the distinction between substantive jurisdiction and procedural jurisdiction.

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MERE ALLEGATION OF HUMAN RIGHTS VIOLATION SATISFIES RATIONE MATERIAE

✓ Para. 14: In Serap V. Federal Republic Of Nigeria & 4 ors, (2014) ECW/CCJ/JUD/16/14 (unreported), the Court held that the mere allegation that there has been a violation of human rights in the territory of a member State is sufficient prima facie to justify the jurisdiction of this Court on the dispute, surely without any prejudice to the substance and merits of the complaint which has to be determined only after the parties have been given the opportunity to present their case, with full guarantees of fair trial.

✓ Para 15: Similarly in El Hadji Aboubacar Vs. BCEAO & Rep. of Niger (2011) CCJELR (unreported) pg. 8, Para 25, the Court found that for an application to be admissible in matters of human rights, the mere citing of the facts connected with such description suffices to confer competence on it.

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