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WRONG PROCEDURE ROBS THE COURT OF JURISDICTION

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Dictum

In essence therefore, initiating an action on a wrong procedure robs the court of its jurisdiction to adjudicate over such matter. The issue of jurisdiction of a court to adjudicate over a matter before it is a threshold issue that goes to the root or foundation of adjudication. This stems from the trite position of the law, that once it is discovered that a court has no jurisdiction to adjudicate over a matter, any decision/proceedings emanating from such a court regarding that matter, no matter how well rendered or conducted, is a nullity.

– Bage JCA. Ayetobi v. Taiwo (2014)

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PROCEDURE FOR FILING A CLAIM MUST BE FOLLOWED

Where such statutory or constitutional provision is made for the filing of a claim, the procedure so laid down ought to be followed in making the claim and no other one. See Gbadamosi Lahan v. Attorney-General of Western Nigeria (1963) 2 SCNLR 47; (1963) 1 All NLR 226.

— Iguh JSC. Onuoha v State (1998) – SC. 24/1996

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RULES OF COURT ARE MEANT TO BE OBEYED

In SOLANKE VS. SOMEFUN (1974) 1 SC 141, Sowemimo, JSC (as he then was) opined: “Rules of Court are meant to be complied with … Rules of Court are made to be followed. They regulate matters in Court and help parties to present their case for purpose of a fair and quick trial. It is the strict compliance with these rules of Court that makes for quicker administration of justice.”

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WHERE A STATUTE HAS PROVIDED A PROCEDURE SUCH PROCEDURE MUST BE FOLLOWED

In Adejobi v. State (2011) 6 MJSC (Pt 1) 101 @ 119 it was held that: “It is trite that a question of law and jurisdiction can be raised at any time in the proceedings, but it is not a free for all procedure. Where a statute under which an issue or matter is to be raised has provided a procedure for raising such issues or matter, that procedure, and no other must be followed.”

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RULES OF COURT MUST BE OBEYED

OFORKIRE VS. MADUIKE ORS. (2003) LPELR – 2269 (SC) held that: “It is elementary law that rules of Court must be obeyed or complied with, as they are not made for fun.”

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ONCE A STATUTE PRESCRIBES A METHOD, OTHER METHODS ARE EXCLUDED

It is trite that once the law has prescribed a particular method of exercising a statutory power, any other method of exercise of it is excluded: so there can be no question of the lessor in this case recovering possession by resorting to a right of re-entry or any other type of self-help. I agree with Chief Umeadi that although section 28(1) of the Law states that the lessor “may enter a suit”, “may” should be construed as mandatory i.e. as meaning “shall” or “must”.

– Nnaemeka-agu, JSC. Ude v. Nwara (1993)

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TO SATISFY NATIONAL INDUSTRIAL COURT BEFORE ADOPTION OF HIGH COURT PROCEDURE

It is my considered opinion that for Order 23 of the National Industrial Court [Civil Procedure] Rules, 2017 to apply, Counsel must satisfy the Court as to the following: a. That there is no provision made in the Rules as to the practice and procedure sought to be adopted. b. That there is a provision made but it is in adequate. c. That the procedure sought to be adopted will do substantial justice to the parties in the particular circumstance. In my view, learned Counsel has not satisfied these conditions. In addition, what learned Counsel sought to do is unknown to law.

— I.G. Nweneka, J. Anyina v. Messrs First City Monument Bank Ltd. (NICN/ABK/03/2017, 12th December 2017)

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