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JURISDICTION IS DETERMINED FROM THE FACTS PRESENTED BY THE PLAINTIFF

Dictum

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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NATURE OF JURISDICTION OF COURTS

Jurisdiction is to a Court what a door is to a house. The question of a Courts jurisdiction is called a threshold issue because it is at the threshold of the temple of justice. Jurisdiction is a radical and fundamental question of competence, for if the Court has no jurisdiction to hear the case, the...

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MANAGEMENT AND ADMINISTRATION OF COMPANIES FALLS WITHIN THE FEDERAL HIGH COURT JURISDICTION

Matters relating to management and administration of a Company under the Companies and Allied Matters Act fall within the exclusive jurisdiction of the Federal High Court. See: Sken Consult (Nig.) Ltd. & Anor v. Godwin Sekondy Ukey (1981) 1 SC 6; Omisade v. Akande (1987) 2 NWLR (pt.55) 158. Equally, where the suit involves only...

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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

In the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v. Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO: ECW/CCJ/JUD/19/17 (At page 14 of the judgment); the court held that: “Indeed Allegations of violations of Human Rights by an Applicant is sufficient to invoke the jurisdiction of this Court. This is distinct from the issues of the veracity of the allegation.”

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JURISDICTION GOES TO THE FOUNDATION OF ANY MATTER

Jurisdiction is very fundamental to adjudication because it goes to the foundational competence of any cause or matter or action before the Court. It is indeed the epicenter of the entire litigation process and thus, without it there can be no validity in any proceedings or resultant judgment or ruling of the Court. Thus, without...

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SHIFT FROM THE GENERAL PRINCIPLE THAT JURISDICTION MUST BE HEARD FIRST

A Court is naked and exposed without jurisdiction. It is therefore the general rule to determine jurisdiction first whilst it is an exceptional rule to take steps in defending of protecting the authority of the court first before jurisdiction. However, in recent times, there appears to be a move or a shift by the courts...

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