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COMPETENCE IS SOUL OF ADJUDICATION – JURISDICTION MUST BE SATISFIED

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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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RULES OF COURT DO NOT VEST JURISDICTION IN A COURT OF 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...

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JURISDICTION IS A THRESHOLD MATTER

Jurisdiction is a threshold matter. Once raised all proceedings abate until it is resolved. Proceedings conducted without jurisdiction amount to a nullity. There is nothing as useless as conducting a trial flawlessly only to find out that the court had no jurisdiction to hear the matter. That explains why the issue of jurisdiction can be...

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ISSUE ON JURISDICTION MUST BE RESOLVED BEFORE ANY OTHER THING

Once the question of jurisdiction is raised, it must be resolved before any further step is taken in the proceedings as the jurisdiction of the Court to entertain the suit is fundamental to the competence of the Court, and has been described as the lifeblood of adjudication. See Statoil (Nig) Ltd v Inducon (Nig) Ltd...

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SUBSTANTIVE VERSUS PROCEDURAL JURISDICTION OF THE COURT

In Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 354–355, E–D per Tsammani JSC: ‘It should also be noted that, jurisdiction consists of procedural (adjectival) and substantive jurisdiction. Procedural (Adjectival) jurisdiction regulates the enforcement of substantive law. It comprises the rules by which a court hears or conducts civil or criminal...

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ONCE JURISDICTION IS LACKING, THE SUIT COMES TO AN END

Once the Court finds that it lacks jurisdiction over the matter before it, it has a duty to put an end to the proceedings, Sken-consult (Nig.) Ltd v Ukey [1981] 1 SC 6, 25; Adesokan and Ors. v. Adetunji and Ors. [1994] LPELR-152 (SC); Metilelu v. Olowo-Opejo and Anor [2006] LPELR-11598 (SC). — C.C. Nweze,...

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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...

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