STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

BEFORE A COURT CAN EXERCISE JURISDICTION

Reach more audience. Place advert here.

Before a court can exercise jurisdiction respect of any matter, it must:- (a) be properly constituted as regards numbers and qualification of the members of the bench, and no member is disqualified for one reason or the others. (b) the subject-matter of the case is within the jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction and (c) The case comes by clue process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction.

— O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006

Was this dictum helpful?

SHARE ON

jurisdiction

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 the High Court of the State or that of the Federal Capital Territory in which the breach occurred or is occurring or about to occur. This is irrespective of whether the right involved comes within the legislative competence of the Federation, or the State or the Federal Capital Territory. However it should be noted that the exercise of this jurisdiction by the Federal High Court is where the fundamental right threatened or breached falls within the enumerated matters on which that Court has jurisdiction. Thus, fundamental rights arising from matters outside its jurisdiction cannot be enforced by the Federal High Court.”

Furthermore, the Supreme Court in the most explicit terms interpreted Section 46(2) of the Constitution at P.564, para. E; F, thus: “On Jurisdiction of the Federal and State High Court over action for enforcement of fundamental rights – A High Court of a State lacks Jurisdiction to entertain matters on Fundamental Rights, although brought pursuant to Section 46(2) of the Constitution, where the alleged breach arose from a transaction or subject matter which falls within the exclusive Jurisdiction of the Federal High Court as provided by Section 251 of the Constitution.”

Was this dictum helpful?

FHC & HIGH COURT HAVE CONCURRENT JURISDICTION ON HUMAN RIGHTS ISSUES

A community reading of Section 46 of the 1999 Constitution and Order 1(2) of the Fundamental Rights Enforcement Procedure Rules would reveal undisputedly that both the Federal High Court and the High Court of a State have concurrent jurisdiction on matters of breach or likely breach of any of the fundamental rights enshrined in Chapter IV of the Constitution. This has been the consistent position of this Court upheld in an avalanche of cases, some of which are Grace Jack v. University of Agriculture, Makurdi (2004) 17 NSCQR 90 at 100; (2004) 5 NWLR (Pt. 865) 208; Olutola v. University of Ilorin (2004) 18 NWLR (Pt. 905) 416, Ogugu v. The State (1994) 9 NWLR (Pt. 366) 1.

– J.I. Okoro JSC. Ihim v. Maduagwu (2021)

Was this dictum helpful?

NULLITY FOR LACK OF JURISDICTION

Without doubt, where a case is heard and judgment is delivered by a court without jurisdiction, the proceedings will be a nullity. – Iguh, JSC. Oshatoba v. Olujitan (2000)

Was this dictum helpful?

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 in Appeal No: SC.175/2005 Heritage Bank Ltd v Bentworth Finance (Nigeria) Ltd decided by this Court on 23 February, 2018 Eko J.S.C. explained the distinction between substantive jurisdiction and procedural jurisdiction.

Was this dictum helpful?

COURT OF LAW SHOULD EXERCISE JURISDICTION WHERE

It is well settled, that a Court of law or tribunal is deemed competent to entertain and determine a matter or action before it if: (a) It is properly constituted in regard to numbers and qualification of the member thereof, and no member is disqualified for any reason whatsoever; (b) The subject matter of the case is within its jurisdiction, and there is no feature therein preventing the Court from exercising its jurisdiction; and (c) The case is initiated by due process of law, and upon satisfying any condition precedent to the exercise of jurisdiction. See Madukolu v. Nkemdilim (1962) 1 All NLR 587; (1962) 2 SCNLR 341; Mark v. Eke (1997) 11 NWLR (Pt. 529) 501; SLB Consotium Ltd v. NNPC (2011) 9 NWLR (Pt. 1252) 317, (2011) 5 SCM 187.

– I.M.M. Saulawa JSC. Ihim v. Maduagwu (2021)

Was this dictum helpful?

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 validly determine allegations of breach of Fundamental Rights emanating from acts of Terrorism or Treason and Treasonable felonies which fall under the jurisdiction of the Federal High Court. Likewise, a Federal High Court cannot except where circumstances permit, validly determine alleged violation of human rights that arise from torts, rape or armed robbery etc. as the same ordinarily fall within the jurisdiction of the State High Courts.

— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017

Was this dictum helpful?

No more related dictum to show.