ILLEGALITY OF A CONTRACT IMPACTS THE JURISDICTION OF A COURT

SUBSTANTIVE VERSUS PROCEDURAL JURISDICTION OF THE COURT

In Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 354–355, E–D per Tsammani JSC:

‘It should also be noted that, jurisdiction consists of procedural (adjectival) and substantive jurisdiction. Procedural (Adjectival) jurisdiction regulates the enforcement of substantive law. It comprises the rules by which a court hears or conducts civil or criminal proceedings. Substantive jurisdiction (or law) defines the rights and obligations of the parties in controversy. The substantive jurisdiction or law, determines the cause of action in a particular case. See Prince J.S. Atolagbe & Anor v. Alhaji Ahmadu Awuni& Ors (1997) LPELR-593 (SC), (1997) 9 NWLR (Pt. 522) 536; Central Bank of Nigeria v. Inalegwu Frankline Ochife & Ors (2025) LPELR-80220 (SC), (2025) 12 NWLR (Pt. 2000) 1 and Total Exploration & Production Nigeria Ltd v. Okwu (2024) LPELR-62623 (SC), (2024) 17 NWLR (Pt. 1967) 379. Thus, breach of substantive law or jurisdiction will have the effect of nullifying any judgment or order reached in the absence of such jurisdiction. In the case of Mobil Producing Nigeria Unlimited v. Lagos State Environmental Protection Agency & Ors (2002) LPELR-1887(SC), (2002) 18 NWLR (Pt. 798) 1 this court held thus: “……. sometimes, the distinction between substance and procedure is blurred. It is generally accepted that matters (including facts which define the rights and obligations of the parties in controversy) are matters of substance defined by substantive law, whereas matters which are mere vehicles which assist the court or Tribunal in going into matters in controversy or litigated before it are matters of procedure regulated by procedural law. Facts which constitute the cause of action are matters of substance and should be pleaded, whereas facts which relate to how a party is to invoke the jurisdiction of the court for a remedy pursuant to his cause of action is a matter of procedure outside the realms of pleadings ……”

As stated earlier in the course of this judgment matters of substantive law or jurisdiction are donated either by the Constitution or Statute. In the instant case, we are confined to the substantive jurisdiction of the trial court, which is the Federal High Court of Nigeria. It is axiomatic that the jurisdiction of the Federal High Court is defined by section 251 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).’

JURISDICTION MAY BE RAISED AT ANYTIME

Equally, true is the fact that the issue of jurisdiction may be raised at any stage of a proceeding up to the final determination of an appeal even by the highest court of the land. A trial court and, indeed, an appellate court may raise it suo motu at any stage of a proceeding, but must invite the parties to address it on the issue before it takes its decision thereupon.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

FEDERAL HIGH COURT APPELLATE JURISDICTION – SECTION 27 FHC ACT

The Federal High Court, like a High Court of a State or of the Federal Capital Territory has appellate jurisdiction conferred by Section 27 of the Federal High court Act. It can hear and determine appears from: 1) the decisions of Appeal Commissioners established under the Companies Income Tax Act, 1961 and the Personal Income Tax Act, 1968 in so far an applicable as Federal Laws; 2) decisions of the Board of Customs and Excise established under Customs and Excise Management Act, 1958 3) decisions of Magistrates Courts in respect of civil or criminal cases or matters transferred to such courts pursuant to the Federal High Court Act; 4) decisions of any other body established by or under any other Federal enactment or law in respect of matters concerning which jurisdiction is conferred upon that court by the Act.

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

TO DETERMINE COURT’S JURISDICTION

Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 359, A–C per Tsammani JSC:

‘Now, to determine whether the court has jurisdiction in a matter, the court will peruse the plaintiff’s claims as endorsed in the originating process, such as the writ of summons and the statement of claim. The defendant’s answer to the claims pleaded in the statement of defence is not a relevant factor in the determination of the jurisdiction of the court. Jurisdiction of a court is determined solely by the plaintiff’s claim.’

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.”