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COURT OF LAW SHOULD EXERCISE JURISDICTION WHERE

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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)

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TORT OF CONVERSION IS ACTIONABLE AT THE HIGH COURT

In TRADE BANK PLC v. BENILUX LIMITED (2003), 9 NWLR (pt.825) 416, this court in considering the exclusive jurisdiction of the Federal High court in matters provided under the section 230 (1) (d) of the constitution (suspension and Modification) Decree No.107 of 1993, held that although there is no relationship of customer and banker between the respondent and the appellant which fact would ordinarily have conferred jurisdiction on the High court, the respondent’s case therein, was simply a tort of conversion and therefore actionable in the High Court of a State.
(Relied on in Adetona & Ors. v Igele (2011) – SC.237/2005)

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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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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 arise where, when an objection is made by means of a motion on notice, facts deposed to in affidavit in support as well as the counter affidavits and attached exhibits are also utilised to resolve the question, in the same vein could come up the use of evidence already adduced in the resolution of the question of jurisdiction as was the case in the instant matter which came up at the close of evidence and in the final addresses of counsel. Therefore the Court below erred in holding that the trial High Court was correct to determine the objection by reference solely on the writ of summons and statement of claim even though the oral and documentary evidence in proof of the relevant paragraphs of the statement of claim were staring it in the face of the Court. Indeed the Court below ought not to have closed its eyes to the record and the evidence already before it. See Okoroma v Uba (1999) 1 NWLR (Pt.587) 359; Onuorah v KRPC Ltd (2005) 6 NWLR (Pt.921) 393; NDIC v CBN (2002) 7 NWLR (Pt.766) 272; I.K. Martins (Nig.) Ltd v UPL (1992) 1 NWLR (Pt.217) 322; Agbareh v Mimra (2008) 2 NWLR (Pt.1071) 378; Osafile v Odi NO.1 (1990) 3 NWLR (Pt.137) 130; Nigergate Ltd v Niger State Government (2008) 13 NWLR (Pt. 1103) 111 (CA).

— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

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ISSUE ON JURISDICTION MUST BE RESOLVED BEFORE ANY OTHER THING

Once the question of jurisdiction is raised, it must be resolved before any further step is taken in the proceedings as the jurisdiction of the Court to entertain the suit is fundamental to the competence of the Court, and has been described as the lifeblood of adjudication. See Statoil (Nig) Ltd v Inducon (Nig) Ltd (2021) 7 NWLR Part 1774 Page 1 at 47-48 Para H-F per M.D. Muhammad JSC; Central Bank of Nigeria v Rahamaniyya G.R. Ltd (2020) 8 NWLR Part 1726 Page 314 at 337 Para A-B per Okoro JSC.

— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022

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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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JUDGE SHOULD NOT MAKE PRONOUNCEMENTS ON THE CASE AFTER STRIKING OUT FOR WANT OF JURISDICTION

It is my judgment that the Judge was wrong in dismissing the suit rather than striking it out when he held that he had no jurisdiction. The court was not just wrong, I dare say that the court abdicated a constitutional obligation or duty. In any case, the law is that even where a court finds that it had no jurisdiction he has no business making any other order or proceeding further other than to do his only duty, which is to strike out the matter or case: Obi v. I.N.E.C. (2007) All FWLR (Pt. 378) 1116, (2007) 11 NWLR (Pt. 1046) 565. Also the case of John Egbele v. The Post Master General (unreported decision of this court in CA/L/585/05 delivered on 10 November 2010) wherein this court, per Mukhtar JCA in his lead judgment said at page 10 thus: “The court below having rightly held that it lacked jurisdiction in the matter, ought to have simply struck out the matter as it lacked the competence to decide any other issue. The further pronouncement by the court that the suit was statute-barred was null and void and same is hereby struck out” In Okotie-Eboh v. Manager (2005) 123 LRCN 256, (2005) All FWLR (Pt. 241) 277, the Supreme Court also made it clear, per Edozie JSC at page 288, paragraph K of the report that the superfluous pronouncement made after a finding that the court had no jurisdiction was academic as courts of law are not academic institutions. I must say that it is for this same reason that I had in the decision of this court in Egbele v. The Post Master General said in my contribution as follows: “it is in the same reasoning that I hold that challenge raised in ground No. 2 of the appeal – bordering as it were on the limitation of action, has no merit as the High Court of a State including that of Lagos State has no jurisdiction to proceed to pronounce on the incompetence of the suit for being statute-barred after it had found … That it lacked jurisdiction to adjudicate the matter.”

— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)

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