JURISDICTION CAN BE RAISED AT ANYTIME BY THE COURT

ISSUES BETWEEN CUSTOMER AND BANKER FALLS WITHIN A STATE HIGH COURT JURISDICTION

So, where any dispute relates to breach of or non-compliance with certain formalities required by law for the lawful operation of banking business, the matter falls within the jurisdiction of the Federal High Court. See: Merchants Bank Ltd. v. Federal Minister of Finance (1961) All NLR 598. It is to be noted as well, where what is involved is only a dispute between a Bank and its customer in the ordinary cause of banking business, like an action by a bank to recover overdrafts granted to the customer, the Federal High Court has no jurisdiction. It is the State High Court that has jurisdiction in such a case. See: Jammal Steel Structures Ltd. v. African Continental Bank Ltd (1973) 1 All NLR (Pt.11)208; Bronik Motors Ltd & Anor v. Wema Bank Ltd (1983) 1 SCLR 296; FMBN v. NDIC (1999) 2 SCNJ 57 at 82.

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

NO JURISDICTION MAKES THE PROCEEDING A NULLITY

The Law is well settled that where a court has no jurisdiction to entertain any claim, anything done in respect of the claim will be an exercise in futility. In the celebrated case on the subject of jurisdiction and competence of court of Madukolu & others v Nkemdilim & others (1962) 2 SCNLR 342; (1962) NSCC 374; (1962) 1 All NLR 587; Bairamian, F.J. stated the law at page 595 as follows:- “Before discussing those portions of the record, I shall make some observations on jurisdiction and the competence of a court. Put it briefly, a court is competent when:- (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; and (2) the subject matter of the case is within its jurisdiction, and there is no feature of 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.” Once there is a defect in competence, it is fatal as the proceedings are a nullity. See Ojo-Ajao & others v Popoola Ajao & others (1986) 5 NWLR (Part 45) 802 and Attorney-General Anambra State v Attorney-General of the Federation (1993) 6 NWLR (Part 302) 692. — Mohammed JSC. AG Kano State v AG Federation (2007) – SC 26/2006

COURT OF LAW SHOULD EXERCISE JURISDICTION WHERE

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)

JURISDICTION CAN BE RAISED AT ANYTIME – IT SHOULD BE RAISED EARLIER

The issue of jurisdiction is fundamental and the law is trite that it can be raised by a party at any stage of courts’ proceedings, even at the level of the Supreme Ccourt. See Francis Durwode v. State 2000 15 NWLR part 691 page 467, Otukpo v. John 2000 8 NWLR part 669 page 507. It is however ideal that it be raised at the earliest stage of proceedings to avoid unnecessary waste of time, which the defendant has done in the instant case.

— A.M. Mukhtar, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005