WHERE SUBJECT MATTER OF FUNDAMENTAL HUMAN RIGHT APPLICATION IS WITHIN FHC, STATE HIGH COURT HAS NO JURISDICTION

Whereas both the State and Federal High Courts have concurrent jurisdiction in the determination of Fundamental Right cases, the phrase “subject to the provision of the Constitution” as embodied under Section 46 (2) demarcated the respective Jurisdictions of the State and Federal High Courts. In essence, a State High Court cannot for instance rightly and...

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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 Was this dictum helpful? Yes 0 No 0...

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PARTIES TO A CASE DETERMINE THE JURISDICTION OF A COURT

However, what the learned senior Counsel failed to realize is the fact that the presence of the 2nd Appellant, the National Judicial Council and the Honourable Attorney General of the Federation as parties in the case, had pulled in a feature in the case which brought it out of the jurisdiction of the High Court...

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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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FOR FEDERAL HIGH COURT TO HAVE JURISDICTION, PARTY OR CLAIM MUST FALL WITHIN SECTION 251 CFRN

In Kakih v PDP (2014) 15 NWLR (Pt.1430) p.374, in support of N.E.P.A. v Edegbero supra. I said that: “The claim of the party and the reliefs must be within Section 251 (1) of the Constitution before the Federal High Court can have jurisdiction. Furthermore, where an agency of Federal Government is a party, the...

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JURISDICTION CAN BE RAISED AT ANYTIME NOT APPLICABLE TO ARBITRATION

For instance, the general position of the law that the issue of jurisdiction of a Court can be raised at any stage of the proceedings of a case, even for the first time at the appellate stage, is not applicable to arbitral proceedings before an arbitral Tribunal because the Act, in Section 12(3) has provided...

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MERE ALLEGATION OF HUMAN RIGHTS VIOLATION SATISFIES RATIONE MATERIAE

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WHERE SUBJECT MATTER OF FUNDAMENTAL HUMAN RIGHT APPLICATION IS WITHIN FHC, STATE HIGH COURT HAS NO JURISDICTION

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NO JURISDICTION, COURT CANNOT DECIDE

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PARTIES TO A CASE DETERMINE THE JURISDICTION OF A COURT

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

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FOR FEDERAL HIGH COURT TO HAVE JURISDICTION, PARTY OR CLAIM MUST FALL WITHIN SECTION 251 CFRN

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JURISDICTION CAN BE RAISED AT ANYTIME NOT APPLICABLE TO ARBITRATION

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