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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FUNDAMENTAL HUMAN RIGHT CLAIM HINGED ON SUBJECT MATTER OUTSIDE FHC JURISDICTION, THE FHC LACKS JURISDICTION

The Supreme Court in ADETONA V. IGELE GENERAL ENTERPRISES LTD. (2011) 7 NWLR (PT. 1247) PG 542 at page 543 held: “Where a person’s fundamental right is breached, being breached or about to be breached, that person may apply under Section 46(1) to the Judicial Division of the Federal High Court in the State or...

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JURISDICTION IS DETERMINED FROM THE FACTS PRESENTED BY THE PLAINTIFF

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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COURT PROPERLY CONSTITUTED

Madukolu v. Nkemdilim (1962) 1 All NLR 587 per Bairamian FJ as follows:- “Put briefly, a court is competent when: It is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another; (2) The subject matter of the case is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction; and the case comes before the court initiated by the due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction.”

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ILLEGALITY OF A CONTRACT IMPACTS THE JURISDICTION OF A COURT

Illegality of a contract or transaction, whenever it is raised as a defence to a claim founded on the said transaction, impacts on the jurisdiction of the court. When the contract on which the plaintiff sues is ex facie illegal, the courts will decline to enforce it for the courts exercise their jurisdiction only to...

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EXCEPTION TO DETERMINING JURISDICTION BY WRIT & STATEMENT OF CLAIM

The point has to be cleared without delay that the law though well settled is that the writ of summons and statement of claim are the materials on which the issue of competence and jurisdiction of Court is raised, however it is not a principle cast in stone or regarded as immutable as circumstances could...

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TRIAL COURT JURISDICTION DETERMINES COURT OF APPEAL’S JURISDICTION

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JURISDICTION CAN BE RAISED AT ANYTIME NOT APPLICABLE TO ARBITRATION

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FUNDAMENTAL HUMAN RIGHT CLAIM HINGED ON SUBJECT MATTER OUTSIDE FHC JURISDICTION, THE FHC LACKS JURISDICTION

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JURISDICTION IS DETERMINED FROM THE FACTS PRESENTED BY THE PLAINTIFF

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COURT PROPERLY CONSTITUTED

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ILLEGALITY OF A CONTRACT IMPACTS THE JURISDICTION OF A COURT

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EXCEPTION TO DETERMINING JURISDICTION BY WRIT & STATEMENT OF CLAIM

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