For instance, the general position of the law that the issue of jurisdiction of a Court can be raised at any stage of the proceedings of a case, even for the first time at the appellate stage, is not applicable to arbitral proceedings before an arbitral Tribunal because the Act, in Section 12(3) has provided the stage at which a challenge to the jurisdiction of the arbitral Tribunal is to or may be raised by a party.
– Garba, JCA. Dunlop v. Gaslink (2018)
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APPELLATE COURT AND TRIAL COURT HAVE CONCURRENT JURISDICTION ON EVALUATION OF DOCUMENTARY EVIDENCE
Suleiman v. State (2026) 11 NWLR (Pt. 2052) 537 at 568—569, G—H per Ogbuinya JSC:
‘Let me place on record, perforce, that the law, in order to banish injustice from its undeserved throne in the temple of justice, donates concurrent jurisdiction to this court and the lower courts on evaluation of documentary evidence. See Ezeuko v. State (2016) 6 NWLR (Pt. 1509) 529; FRN v. Sanni (2014) 16 NWLR (Pt. 1433) 299; Atoyebi v. FRN (2018) 5 NWLR (Pt. 1612) 350; Bako v. IGP (2025) 16 NWLR (Pt. 2012) 591. I am, therefore, showered with right to tap from the vineyard of this co-extensive jurisdiction, bequeathed to this court by law, vis-à-vis the interpretation of appellant’s confessional statement, exhibit 2(b), without any iota of insult to the law.’
There is another aspect of the matter and it is the citation of Order 43 Rule 1 of the High Court (Civil Procedure) Rules of Abia State. While I agree that they are the current Rules, can Rules of Court vest jurisdiction in a court of law? Rules of court do not possess any legal capacity to vest jurisdiction in a court. That is never their function. The function belongs to the Constitution and statutes; not rules of court. I will therefore not examine the content of Order 43 Rule 1 of the High Court (Civil Procedure) Rules of Abia State.
— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008
It is settled law that it is the case of the plaintiff as stated in the writ of summons and statement of claim, where the action is commenced by way of writ of summons or the questions, reliefs and supporting affidavit, where the action is commenced by originating summons, that determines the jurisdiction of the court to hear and determine same.
– Onnoghen, JSC. Elelu-Habeeb v. A.G Federation (2012)
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
By way of a rider, I would want to add that my observation for quite some time now, has shown that the issue of which court has jurisdiction over certain matters, between the Federal High Court and a State High Court, generates anxiety among lawyers. Let me say, from the outset, that the two courts are both superior courts of record. Each is a creature of the Constitution. The matters of jurisdiction in our courts, is generally, approached from three dimensions: territorial, subject matter and jurisdiction on persons. On territorial jurisdiction, the Federal High Court enjoys nationwide jurisdiction whereas a State High Court is confined to the territory of the State and that of the Federal Capital Territory to the Federal Capital Territory. On subject matter jurisdiction, the High Court of a State, by the provision of Section 236 of the Constitution of the Federal Republic of Nigeria, 1999, enjoys unlimited jurisdiction. The Federal High Court has limited jurisdiction or jurisdiction on some enumerated subject matters. A State High Court has jurisdiction mostly over natural persons. Federal High Court has jurisdiction over both natural and artificial persons. There are areas where both the Federal High Court and High Court of a State enjoys concurrent jurisdiction. Example of such is the enforcement of Fundamental Human Rights conferred in Chapter IV of the Constitution.
— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005
Para. 12: “The plaintiffs failed to address the issues raised by the defendant in the preliminary objection. This court in its inherent jurisdiction to do justice at all times will however proceed to analyze the issues raised in line with the facts presented by the plaintiffs in the initiating application. This is more so as jurisdiction is determined from the facts presented in a Plaintiffs application and not from the defence.”
— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17
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