EXCLUSIVE JURISDICTION IS ON FHC WHERE ANY OF ITS AGENCIES IS A PARTY

WHERE COURT LACKS JURISDICTION, IT CANNOT DETERMINE ANY ISSUE

Kekere-Ekun JSC in the case of James v INEC Supra, at Page 583-584 Para H-A: “…it is clear that where a court lacks jurisdiction to entertain a cause or matter, it lacks jurisdiction to determine any issue arising within that cause or matter. To attempt to do so would amount to delving into the merit of the case, which would amount to a nullity in the event that the court lacks jurisdiction to determine the suit.”

JURISDICTION OF NIGERIAN COURTS

It is trite law that jurisdiction is the life wire of any case. The jurisdiction of a Court is the authority which the Court has to decide matters that are litigated before it. See RAHMAN BROTHERS LTD v. NPA (2019) LPELR-46415 (SC), NWANZE v. NRC (2022) LPELR 59631 (SC), BANK OF INDUSTRY LTD. v. OBEYA (2021) LPELR 56881 (SC). The jurisdiction of the Court in Nigeria is inherent and is bestowed upon it by Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as altered) (hereinafter referred to as 1999 CFRN). Under Section 6(6) of the 1999 CFRN, the judicial powers of the Court extends to all matters between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.

— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

FOR FEDERAL HIGH COURT TO HAVE JURISDICTION, PARTY OR CLAIM MUST FALL WITHIN SECTION 251 CFRN

In Kakih v PDP (2014) 15 NWLR (Pt.1430) p.374, in support of N.E.P.A. v Edegbero supra. I said that: “The claim of the party and the reliefs must be within Section 251 (1) of the Constitution before the Federal High Court can have jurisdiction. Furthermore, where an agency of Federal Government is a party, the principal reliefs must be directed against the Federal Government or any of its agencies before a Federal High Court can have jurisdiction.”

WHEN A COURT IS COMPETENT TO EXERCISE JURISDICTION OVER A SUIT

A court is said to be competent to exercise jurisdiction over a suit when the following are present: 1. It is properly constituted as regards members and qualification 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 3. The case comes before the Court initiated by due process of law, and upon fulfilment of any condition precedent to the exercise of jurisdiction. See MADUKOLU V. NKEMDILIM (1962) 2 SCNLR 341; O’BAU ENGINEERING LTD V. ALMASOL (NIG.) LTD (2022) LPELR 57985 (SC); PETROLEUM (SPECIAL) TRUST FUND V. FIDELITY BANK & ORS (2021) LPELR 56625 (SC); ENEH V. NDIC & ORS (2018) LPELR 44902 (SC); JAMES V. INEC & ORS (2015) LPELR 24494 (SC).

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

JURISDICTION OF COURT CANNOT BE GIVEN BY RULES OF COURT

The law is settled that the jurisdiction of a Court of record, in its broad and substantive sense, cannot be conferred by the Rules of Court. The Rules of Court are only made, pursuant to the powers conferred on the heads of Courts by the Constitution to make Rules, to regulate practice and procedure in their respective Courts. The Rules they make are only to regulate the practice and procedure in their respective Courts. The Rules do not confer jurisdiction on the Court to entertain causes or matters. Rather, the jurisdiction of Courts in Nigeria is either conferred or vested by the Constitution or the enabling statute establishing the Court.

– E. Eko JSC. Mailantarki v. Tongo (2017) – SC.792/2015