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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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COMPETENCE IS SOUL OF ADJUDICATION – JURISDICTION MUST BE SATISFIED

African Songs Limited & Anor v. King Sunday Adeniyi Adegeye (2019) 2 NWLR (Pt. 1656) 335 @ p. 365 – 366: “My lords, while in today’s jurisprudence of ‘substantial justice’ the issue of ‘mere technicality’ no longer holds sway, yet it is truism that competence is the soul of adjudication. It is in this sense the issue of competence can no longer in law truly be regarded as ‘mere technicality’ but rather be seen as substantial issue of law. In other words, while eschewing technicality for its sake, a Court can only exercise jurisdiction where all conditions precedent to the exercise of its powers have been fulfilled.”

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FAILURE TO CITE SPECIFIC ARTICLES IN CHARTER CANNOT OUST JURISDICTION – (African Court)

Failure to cite any specific articles of the Charter or any other human rights instrument ratified by the Respondent is no reason to oust the jurisdiction of the Court.

– CHACHA v. THE UNITED REPUBLIC OF TANZANIA (003/2012) [2014] AFCHPR 48 para 122

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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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CONSIDERING EXECUTIVE ACTION VIS-A-VIS THE JURISDICTION OF THE FEDERAL HIGH COURT

Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 356, B–G per Tsammani JSC:

‘The term “executive action or decision” as used in section 251(1)(r) of the 1999 Constitution must be an action concerned with or relating to the effectuation of the plans or policies of the Federal Government or any of its agencies. Similarly, an administrative action must be directed at carrying out the policy of the Federal Government or any of its agencies. It must have a direct relationship with the management or administration of the agency concerned. See Oladipo v. Nigerian Custom Board (2009) 12 NWLR (Pt.1156) 563 … A careful analysis of the facts in support of the reliefs sought by the 1st respondent is that he was issued a Certificate of Occupancy No. 90/90/37 in respect of the leased property for a period of Fifty years. See paragraph 36 of the statement of claim. That the 2nd respondent colluded with the 3rd appellant to revoke 71% of the total land covered by the Certificate of Occupancy and allotted same to third parties. It is therefore my view that, the claim of the 1st respondent was for a declaration as to its title to the subject land in dispute covered by Certificate of Occupancy No. 90/90/37. So, if the claim is considered on the issue of the lease agreement, or the revocation of the Certificate of Occupancy, the Federal High Court does not have the required jurisdiction to hear and determine to 1st respondent’s claims. In other words, the Federal High Court has no jurisdiction to hear and determine a claim, the subject of which is land and in respect of which the claimant is challenging the revocation of a statutory Certificate of Occupancy.’

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WHENEVER THE JURISDICTION OF THE FEDERAL HIGH COURT IS CALLED INTO QUESTION

Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 358, A–D per Tsammani JSC:

‘That being so, whenever the jurisdiction of the Federal High Court is called into question, the court must pay attention and focus on the subject matter of the suit. It is not sufficient to aver that the issue affects the Federal Government or its Agency. Thus, where the subject matter of the plaintiff’s claim cannot be fitted into any of the items enumerated in section 251 (a)-(s) the Federal High Court is not the forum for the ventilation of such dispute or action. See Olutola v. Unilorin (2004) 18 NWLR (Pt. 905) 416 at 462’

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IT IS THE CLAIM OF THE PLAINTIFF THAT IS CONSIDERED TO EXAMINE JURISDICTION

To put it in different words, the jurisdiction of a Court is determined by the plaintiffs claim as disclosed in the endorsement on the writ of summons cum statement of claim or as in the present case, originating summons cum its supporting affidavit and not the averments contained in the statement of defence or counter affidavit to the originating summons. That is to say, it is the claim of the plaintiff before the Court that has to be examined in ascertaining whether or not it falls within the jurisdiction conferred on the Court by the Constitution or Statute establishing the Court and prescribing its jurisdiction.

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

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