NO JURISDICTION, COURT CANNOT DECIDE

It is a cardinal principle of law that jurisdiction is fundamental to the determination of a suit, as unless a court is competent, it cannot exercise jurisdiction over a suit to the extent of deciding on it.

– Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005

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WRIT & STATEMENT OF CLAIM MUST BE CAREFULLY EXAMINED TO ASCERTAIN JURISDICTION

In their arguments on the sole issue, both learned counsel for the parties correctly stated the often-stated principle of law in determining whether or not a court has jurisdiction to entertain the subject matter of a suit. That is that the writ of summons and the Statement of claim must be carefully examined. See OPITI v. OGBEIWI (1992) 4 NWLR (pt.234) 184 at 195; ADEYEMI v OPEYORI (1976) 9-10 SC.31 at 49. It is well settled that where there is no jurisdiction to hear and determine a cause or matter, everything done in such want of jurisdiction is a nullity. See MUSTAPHA v. GOVERNOR OF LAGOS STATE (1987) NWLR (pt.58).

— S. Galadima JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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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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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

In the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v. Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO: ECW/CCJ/JUD/19/17 (At page 14 of the judgment); the court held that: “Indeed Allegations of violations of Human Rights by an Applicant is sufficient to invoke the jurisdiction of this Court. This is distinct from the issues of the veracity of the allegation.”

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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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THERE ARE TWO TYPES OF JURISDICTION

In A.G. Kwara State & Anor v Saka Adeyemo & Ors (2016) 7 SC (Pt.II) p. 149. I said that: Jurisdiction is a question of law. There are two types of jurisdiction. 1. Jurisdiction as a matter of procedural law. 2. Jurisdiction as a matter of substantive law. A litigant may waive the former. Again in Appeal No: SC.175/2005 Heritage Bank Ltd v Bentworth Finance (Nigeria) Ltd decided by this Court on 23 February, 2018 Eko J.S.C. explained the distinction between substantive jurisdiction and procedural jurisdiction.

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

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NO JURISDICTION, COURT CANNOT DECIDE

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WRIT & STATEMENT OF CLAIM MUST BE CAREFULLY EXAMINED TO ASCERTAIN JURISDICTION

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

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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

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COURT PROPERLY CONSTITUTED

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THERE ARE TWO TYPES OF JURISDICTION

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