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

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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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RULES OF COURT DO NOT VEST JURISDICTION IN A COURT OF LAW

There is another aspect of the matter and it is the citation of Order 43 Rule 1 of the High Court (Civil Procedure) Rules of Abia State. While I agree that they are the current Rules, can Rules of Court vest jurisdiction in a court of law? Rules of court do not possess any legal capacity to vest jurisdiction in a court. That is never their function. The function belongs to the Constitution and statutes; not rules of court. I will therefore not examine the content of Order 43 Rule 1 of the High Court (Civil Procedure) Rules of Abia State.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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INITIATING APPLICATION DETERMINES COURT’S JURISDICTION

In Bakary Sarre & 28 Ors vs. Senegal (2011) (unreported) Pg. 11, Para. 25, the Court held that its competence to adjudicate in a given case depends not only on its texts, but also on the substance of the Initiating Application. The Court accords every attention to the claims made by the Applicants, the pleas in law invoked, and in an instance where human right violation is alleged, the Court equally carefully considers how the parties present such allegations.

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JURISDICTION IS FUNDAMENTAL TO ADJUDICATION

Jurisdiction, it is settled, is fundamental to adjudication. It is a radical and crucial necessity for, as in the instant case, where a Court proceeds without jurisdiction to hear the case, the proceedings so embarked upon by the Court are a nulity ab initio however well conducted the proceedings and brilliantly decided the issues agitated therein are. Defect in the Court’s competence is intrinsic and not extrinsic to the entire adjudicatory process. See Oloriode V. Oyebi (1984) 5 SC 1 at 32 33, Mustapha V, Governor of Lagos State and Musaconi Limited V. Mr. H, Aspinall (2013) LPELR 20745 (SC). It must be restated that a Court is only vested with jurisdiction and power to adjudicate on an issue when the matter is brought before it in accordance with both substantive and adjectival law. See Madukolu V. Nkemdilim (1962) SCNLR 341, Ukwu V. Bunge (1997) 8 NWLR (Pt 678) 527.

— M.D. Muhammad, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006

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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 proceedings are and remain a nullity, however well conducted and brilliantly decided they might have been. A defect in competence is not intrinsic but rather extrinsic to adjudication. Oloba v. Akereja (1988)3 NWLR (Pt.84)508; Oloriode v. Oyebi (1984) 1 SCNLR 390; Ezomo v. Oyakhire (1985) 1 NWLR (Pt. 2) 105; Petrojessica Ent. Ltd. v. Leventis Technical Co. Ltd. (1992) 5 NWLR (Pt. 244) 675; Barclays Bank v. C.B.N. (1976) 6 SC 175; African Newspapers (Nig.) Ltd. v. F.R.N. (1985) 2 NWLR (Pt. 1006) 608; A.-G., Anambra State V. A.-G., Fed. (1993) 6 NWLR (Pt. 302) 692; Saleh v. Monguno (2003) 1 NWLR (Pt. 801) 221. (The underlining is supplied by us for emphasis). Under the Nigerian legal system, Courts are creations or creatures of statutes or legislations such as the grundnorm itself, that is, the Constitution or Decrees or Acts or Laws or Edicts. Hence, it is the legislations themselves that cloak the Courts with powers or adjudicatory jurisdiction. Therefore, if the Constitution, Decrees, Acts, Laws and Edicts do not grant jurisdiction to a Court, the Court itself and or parties cannot by agreement endow the Court with jurisdiction. For once there is a defect in the competence of a Court to adjudicate upon an action, the proceedings in the action no matter how otherwise so well, properly and brilliantly conducted would amount to a nullity and an exercise in futility. Therefore, since Courts are creatures of statutes, their jurisdiction is confined, limited, restricted and circumscribed by the statutes creating them. Moreover, a Court must study the statute which creates it and must not misconstrue same to exercise jurisdiction not donated to it thereby. See also the cases of: (1) Ndaeyo v. Ogunnaya (1977) 1 SC p. 11; (2) National Bank of Nigeria v. Shoyoye (1977) 5 SC p. 181 and (3) A.-G., Fed. v. Guardian Newspapers Ltd. (1999) 9 NWLR (Pt. 618) p. 187.

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

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JURISDICTION OF THE COURT – GENERAL NATURE OF JURISDICTION

It is elementary to state that the jurisdiction of a court is the authority which a court possesses to decide matters brought before it or to take cognizance of matters presented in a formal way for its decision; In the case of Ogunmokun v Milad, Osun State (1999) 3 NWLR (pt. 594) 261 at 265, this court stated that – “Jurisdiction of the court is the basis, foundation and life wire of access to court in adjudication under Nigerian Civil Process. As courts are set up under the Constitution, Decrees, Acts, Laws and Edicts, they cloak the courts with the powers and jurisdiction of 28 adjudication. If the Constitution, Decrees, Acts, Laws and Edicts do not grant jurisdiction to a court or tribunal, the court and the parties cannot by agreement endow it with jurisdiction as no matter how well intentioned and properly conducted the proceedings, once it is incompetent, it is a nullity and an exercise in futility.” The jurisdiction of a court has further been defined as very fundamental and priceless commodity in the judicial process. That it is the fulcrum, centre pin or the main pillar upon which the validity of any decision of any court stands and around which other issues rotate. Thus, it cannot be assumed or implied, it cannot also be conferred by a party or by consent or acquiescence of parties. See SPDC Nig. Ltd. v Isaiah (2001) 5 SC (pt. 11)1, Attorney General of the Federation v Sode (1990) 1 NWLR (pt. 126) 500 at 541.

— I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day of October, 2023)

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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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