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BEFORE A COURT CAN EXERCISE JURISDICTION

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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

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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 the stage at which a challenge to the jurisdiction of the arbitral Tribunal is to or may be raised by a party.

– Garba, JCA. Dunlop v. Gaslink (2018)

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MEANING AND IMPORTANCE OF JURISDICTION

Jurisdiction is defined broadly as the limits imposed on the power of a validly constituted court to hear and determine issues between persons seeking to avail themselves of its process by reference to the subject matter of the issues or to the persons between whom the issues are founded or to the kind of relief sought. The question of jurisdiction of a court is a radical and crucial question of competence because if a court has no jurisdiction to hear and determine a case, the proceedings are and remain a nullity ab initio no matter how well conducted and brilliantly decided they might be, because a defect in competence is not intrinsic but extrinsic to the process of adjudication. It is trite law that jurisdiction of a court is determined by the plaintiffs’ claim as endorsed in the writ of summons and statement of claim even where a Federal Government Agency is involved.

— O.O. Adekeye, JSC. Goldmark & Ors. v. Ibafon Co. & Ors. (2012) – SC.421/2001

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APPELLATE COURT AND TRIAL COURT HAVE CONCURRENT JURISDICTION ON EVALUATION OF DOCUMENTARY EVIDENCE

Suleiman v. State (2026) 11 NWLR (Pt. 2052) 537 at 568—569, G—H per Ogbuinya JSC:

‘Let me place on record, perforce, that the law, in order to banish injustice from its undeserved throne in the temple of justice, donates concurrent jurisdiction to this court and the lower courts on evaluation of documentary evidence. See Ezeuko v. State (2016) 6 NWLR (Pt. 1509) 529; FRN v. Sanni (2014) 16 NWLR (Pt. 1433) 299; Atoyebi v. FRN (2018) 5 NWLR (Pt. 1612) 350; Bako v. IGP (2025) 16 NWLR (Pt. 2012) 591. I am, therefore, showered with right to tap from the vineyard of this co-extensive jurisdiction, bequeathed to this court by law, vis-à-vis the interpretation of appellant’s confessional statement, exhibit 2(b), without any iota of insult to the law.’

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IT IS THE CLAIM OF THE PLAINTIFF THAT IS CONSIDERED TO EXAMINE JURISDICTION

To put it in different words, the jurisdiction of a Court is determined by the plaintiffs claim as disclosed in the endorsement on the writ of summons cum statement of claim or as in the present case, originating summons cum its supporting affidavit and not the averments contained in the statement of defence or counter affidavit to the originating summons. That is to say, it is the claim of the plaintiff before the Court that has to be examined in ascertaining whether or not it falls within the jurisdiction conferred on the Court by the Constitution or Statute establishing the Court and prescribing its jurisdiction.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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CONSIDERING EXECUTIVE ACTION VIS-A-VIS THE JURISDICTION OF THE FEDERAL HIGH COURT

Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 356, B–G per Tsammani JSC:

‘The term “executive action or decision” as used in section 251(1)(r) of the 1999 Constitution must be an action concerned with or relating to the effectuation of the plans or policies of the Federal Government or any of its agencies. Similarly, an administrative action must be directed at carrying out the policy of the Federal Government or any of its agencies. It must have a direct relationship with the management or administration of the agency concerned. See Oladipo v. Nigerian Custom Board (2009) 12 NWLR (Pt.1156) 563 … A careful analysis of the facts in support of the reliefs sought by the 1st respondent is that he was issued a Certificate of Occupancy No. 90/90/37 in respect of the leased property for a period of Fifty years. See paragraph 36 of the statement of claim. That the 2nd respondent colluded with the 3rd appellant to revoke 71% of the total land covered by the Certificate of Occupancy and allotted same to third parties. It is therefore my view that, the claim of the 1st respondent was for a declaration as to its title to the subject land in dispute covered by Certificate of Occupancy No. 90/90/37. So, if the claim is considered on the issue of the lease agreement, or the revocation of the Certificate of Occupancy, the Federal High Court does not have the required jurisdiction to hear and determine to 1st respondent’s claims. In other words, the Federal High Court has no jurisdiction to hear and determine a claim, the subject of which is land and in respect of which the claimant is challenging the revocation of a statutory Certificate of Occupancy.’

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ISSUES ON CONSTITUTION AND JURISDICTION SHOULD BE ADDRESSED AT EARLIEST OPPORTUNITY

It is crystal clear that the question involved in issue 2 for the determination of this court is entirely constitutional. A constitutional issue, like the question of jurisdiction, is not only fundamental but must be disposed of by the court as soon as it is raised to ensure that the proceedings in which it is raised is not rendered nugatory and null and void and that the Constitution which is the supreme law of the land is not breached. See Alhaji Rufai Agbaje and others v. Mrs. W.A. Adelekan and others (1990) 7 NWLR (Pt. 164) 595 at 614. It is in the interest of the best administration of justice that where the issue of jurisdiction or a constitutional issue is raised in any proceedings before any court, it should be dealt with at the earliest opportunity and before a consideration of any other issues raised in the proceedings as anything purportedly done without or in excess of jurisdiction or in breach of the Constitution, which is the supreme law of the land, by any court established under the said Constitution is a nullity and of no effect whatever. See On venta and others v. Oputa and others (1987) 3 NWLR (Pt.60) 259; (1987) 2 N.S.C.C. 900; Attorney General of the Federation and others v. Sode and other (1990) 1 NWLR (Pt. 128) 500; (1990) I N.S.C.C. 271; Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517 at 545 etc. Accordingly, I will proceed firstly to examine issue 2 which raises a grave constitutional question in this appeal.

— Iguh JSC. Onuoha v State (1998) – SC. 24/1996

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