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)
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It is elementary to state that the jurisdiction of a court is the authority which a court possesses to decide matters brought before it or to take cognizance of matters presented in a formal way for its decision; In the case of Ogunmokun v Milad, Osun State (1999) 3 NWLR (pt. 594) 261 at 265, this court stated that – “Jurisdiction of the court is the basis, foundation and life wire of access to court in adjudication under Nigerian Civil Process. As courts are set up under the Constitution, Decrees, Acts, Laws and Edicts, they cloak the courts with the powers and jurisdiction of 28 adjudication. If the Constitution, Decrees, Acts, Laws and Edicts do not grant jurisdiction to a court or tribunal, the court and the parties cannot by agreement endow it with jurisdiction as no matter how well intentioned and properly conducted the proceedings, once it is incompetent, it is a nullity and an exercise in futility.” The jurisdiction of a court has further been defined as very fundamental and priceless commodity in the judicial process. That it is the fulcrum, centre pin or the main pillar upon which the validity of any decision of any court stands and around which other issues rotate. Thus, it cannot be assumed or implied, it cannot also be conferred by a party or by consent or acquiescence of parties. See SPDC Nig. Ltd. v Isaiah (2001) 5 SC (pt. 11)1, Attorney General of the Federation v Sode (1990) 1 NWLR (pt. 126) 500 at 541.
— I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day of October, 2023)
The law is well settled that the issue of jurisdiction is so fundamental to adjudication that it can be raised at any stage of the proceedings and even for the first time on appeal to this court. See Usman Dan Fodio University v. Kraus Thompson Ltd (2001) 15 NWLR (Pt. 736) 305; Elabanjo v. Dawodu (2006) All FWLR (Pt. 328) 604, (2006) 15 NWLR (Pt. 1001) 76 115-116 G-A ; PDP v. Okorocha (2012) All FWLR (Pt. 626) 449, (2012) 15 NWLR (Pt. 1323) 205. The issues are therefore competent before this court.
— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)
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.”
The Federal High Court has exclusive jurisdiction over Aviation related causes of action. See Section 251 (1) K of the Constitution; and a plaintiff, claimant would have a valid claim if his suit is commenced within two years from the date of arrival at his destination or from the date on which the aircraft ought to have arrived or from the date the flight ended. See Article 29 of both Legislations.
– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004
✓ In the case of JOHNNY KING & 10 Ors V. FEDERAL REPUBLIC OF NIGERIA & 9 Ors ECW/CCJ/RUL/06/19, the Court held that: “The Court has looked at the laws regarding its jurisprudence as well as precedents in this Court, and it is so clear that, it is only member states of ECOWAS who are signatories to the treaties can be brought before this Court for human rights violations and this Court has maintained that position in all its decisions.”
✓ In SERAP V. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & Ors ECW/CCJ/RUL/07/10, The Court confirms that: “In the context and legal framework of ECOWAS, the court stands by its current understanding that only member States and Community Institutions can be sued before it for alleged violation of human right as laid down in Peter David v. Ambassador Ralph Uwechue delivered on 11 th day of June 2010”.
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)
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