WRIT OF SUMMONS / ORIGINATING SUMMONS DETERMINES COURTS JURISDICTION

It is settled law that it is the case of the plaintiff as stated in the writ of summons and statement of claim, where the action is commenced by way of writ of summons or the questions, reliefs and supporting affidavit, where the action is commenced by originating summons, that determines the jurisdiction of the court to hear and determine same.

– Onnoghen, JSC. Elelu-Habeeb v. A.G Federation (2012)

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JURISDICTION IS A THRESHOLD MATTER

Jurisdiction is a threshold matter. Once raised all proceedings abate until it is resolved. Proceedings conducted without jurisdiction amount to a nullity. There is nothing as useless as conducting a trial flawlessly only to find out that the court had no jurisdiction to hear the matter. That explains why the issue of jurisdiction can be taken at any stage of the proceedings, at trial, on appeal and even in the Supreme Court for the first time.

– Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012

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THE FCT HIGH COURT IS NOT A COURT FOR ALL PURPOSE

Section 299 of the 1999 Constitution, be it noted, regards the FCT, Abuja “as if it were one of the States of the Federation”. Accordingly, for all intents and purposes, FCT High Court, under the Constitution, is no more than a State High Court. The Constitution has never intended it to be a High Court at large with Jurisdiction over matters outside its territory.

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

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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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MANAGEMENT AND ADMINISTRATION OF COMPANIES FALLS WITHIN THE FEDERAL HIGH COURT JURISDICTION

Matters relating to management and administration of a Company under the Companies and Allied Matters Act fall within the exclusive jurisdiction of the Federal High Court. See: Sken Consult (Nig.) Ltd. & Anor v. Godwin Sekondy Ukey (1981) 1 SC 6; Omisade v. Akande (1987) 2 NWLR (pt.55) 158. Equally, where the suit involves only the interpretation and/or application of the Memorandum and Articles of Association of the Company, it falls within the jurisdiction of the Federal High Court Section 251(1)(e) of the Constitution.

— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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COMPETENCE IS SOUL OF ADJUDICATION – JURISDICTION MUST BE SATISFIED

African Songs Limited & Anor v. King Sunday Adeniyi Adegeye (2019) 2 NWLR (Pt. 1656) 335 @ p. 365 – 366: “My lords, while in today’s jurisprudence of ‘substantial justice’ the issue of ‘mere technicality’ no longer holds sway, yet it is truism that competence is the soul of adjudication. It is in this sense the issue of competence can no longer in law truly be regarded as ‘mere technicality’ but rather be seen as substantial issue of law. In other words, while eschewing technicality for its sake, a Court can only exercise jurisdiction where all conditions precedent to the exercise of its powers have been fulfilled.”

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

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WRIT OF SUMMONS / ORIGINATING SUMMONS DETERMINES COURTS JURISDICTION

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JURISDICTION IS A THRESHOLD MATTER

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THE FCT HIGH COURT IS NOT A COURT FOR ALL PURPOSE

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INITIATING APPLICATION DETERMINES COURT’S JURISDICTION

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MANAGEMENT AND ADMINISTRATION OF COMPANIES FALLS WITHIN THE FEDERAL HIGH COURT JURISDICTION

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COMPETENCE IS SOUL OF ADJUDICATION – JURISDICTION MUST BE SATISFIED

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