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JURISDICTION IS A THRESHOLD ISSUE

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

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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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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NO JURISDICTION, COURT CANNOT DECIDE

It is a cardinal principle of law that jurisdiction is fundamental to the determination of a suit, as unless a court is competent, it cannot exercise jurisdiction over a suit to the extent of deciding on it.

– Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005

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NO JURISDICTION MAKES THE PROCEEDING A NULLITY

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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ILLEGALITY OF A CONTRACT IMPACTS THE JURISDICTION OF A COURT

Illegality of a contract or transaction, whenever it is raised as a defence to a claim founded on the said transaction, impacts on the jurisdiction of the court. When the contract on which the plaintiff sues is ex facie illegal, the courts will decline to enforce it for the courts exercise their jurisdiction only to administer the law of the land. They do not exercise their jurisdiction to help the Plaintiff break the law. See GEORGE & ORS v. DOMINION FLOUR MILLS LTD (1963) 1 ALL NLR 71; IBRAHIM v. OSIM (1988) NWLR 257; BARCLAYS BANK D.O.C. v, MEMUNATU HASSAN (1961) ALL NLR 836.

— E. Eko, JSC. CITEC v. Edicomisa (2017) – SC. 163 2006

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ISSUE OF STATUTE BARRED CHALLENGES COURT JURISDICTION

It is also well established that when a party raises the issue that an action is statute barred, he is no doubt challenging the competence of the Suit and the jurisdiction of the court to entertain it.

– Oseji, JCA. SIFAX v. MIGFO (2015)

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