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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Courts exercise jurisdiction over persons who are within its territorial jurisdiction: Nwabueze vs. Obi-Okoye (1988) 10-11 SCNJ 60 at 73; Onyema vs. Oputa (1987) 18 NSCC (Pt. 2) 900; Ndaeyo vs. Ogunnaya (1977) 1 SC 11. Since the respondent was fully aware that before the issuance of the writ the appellant’s abode or residence for the past one year was no longer at No.189, Off R.B. Dikko Road, Asokoro, Abuja within jurisdiction, substituted service of the processes should not have been ordered by the learned trial Judge.
— J.T. Tur, JCA. Abdulkardir Abacha v Kurastic [2014] – CA/A/406/2010
The Supreme Court in ADETONA V. IGELE GENERAL ENTERPRISES LTD. (2011) 7 NWLR (PT. 1247) PG 542 at page 543 held: “Where a person’s fundamental right is breached, being breached or about to be breached, that person may apply under Section 46(1) to the Judicial Division of the Federal High Court in the State or the High Court of the State or that of the Federal Capital Territory in which the breach occurred or is occurring or about to occur. This is irrespective of whether the right involved comes within the legislative competence of the Federation, or the State or the Federal Capital Territory. However it should be noted that the exercise of this jurisdiction by the Federal High Court is where the fundamental right threatened or breached falls within the enumerated matters on which that Court has jurisdiction. Thus, fundamental rights arising from matters outside its jurisdiction cannot be enforced by the Federal High Court.”
Furthermore, the Supreme Court in the most explicit terms interpreted Section 46(2) of the Constitution at P.564, para. E; F, thus: “On Jurisdiction of the Federal and State High Court over action for enforcement of fundamental rights – A High Court of a State lacks Jurisdiction to entertain matters on Fundamental Rights, although brought pursuant to Section 46(2) of the Constitution, where the alleged breach arose from a transaction or subject matter which falls within the exclusive Jurisdiction of the Federal High Court as provided by Section 251 of the Constitution.”
It is now settled law that jurisdiction is the life blood of adjudication in that any decision by a Court that lacks jurisdiction to hear and determine a matter is a nullity no matter how well conducted see Madukolu vs Nkemdilim 1962 NSCC 374 at 379-380. When can it be said that a Court has jurisdiction to hear and determine a case? As stated earlier, the Supreme Court in the above cited case decided that for a Court to have the requisite jurisdiction to hear a matter: (a) the Court must be properly constituted as regard numbers and qualifications of members of the bench, and no member is disqualified for one reason or another; (b) the subject matter of the case is within the jurisdiction of the Court and there is no feature in the case that prevents the Court from exercising its jurisdiction; and (c) the case comes before the Court initiated by due process of the law, and upon fulfilment of any condition precedent to the exercise of jurisdiction.
— Onnoghen, CJN. Nwachukwu v Nwachukwu (2018) – SC.601/2013
For instance, the general position of the law that the issue of jurisdiction of a Court can be raised at any stage of the proceedings of a case, even for the first time at the appellate stage, is not applicable to arbitral proceedings before an arbitral Tribunal because the Act, in Section 12(3) has provided the stage at which a challenge to the jurisdiction of the arbitral Tribunal is to or may be raised by a party.
– Garba, JCA. Dunlop v. Gaslink (2018)
Jurisdiction is defined broadly as the limits imposed on the power of a validly constituted court to hear and determine issues between persons seeking to avail themselves of its process by reference to the subject matter of the issues or to the persons between whom the issues are founded or to the kind of relief sought. The question of jurisdiction of a court is a radical and crucial question of competence because if a court has no jurisdiction to hear and determine a case, the proceedings are and remain a nullity ab initio no matter how well conducted and brilliantly decided they might be, because a defect in competence is not intrinsic but extrinsic to the process of adjudication. It is trite law that jurisdiction of a court is determined by the plaintiffs’ claim as endorsed in the writ of summons and statement of claim even where a Federal Government Agency is involved.
— O.O. Adekeye, JSC. Goldmark & Ors. v. Ibafon Co. & Ors. (2012) – SC.421/2001
In TRADE BANK PLC v. BENILUX LIMITED (2003), 9 NWLR (pt.825) 416, this court in considering the exclusive jurisdiction of the Federal High court in matters provided under the section 230 (1) (d) of the constitution (suspension and Modification) Decree No.107 of 1993, held that although there is no relationship of customer and banker between the respondent and the appellant which fact would ordinarily have conferred jurisdiction on the High court, the respondent’s case therein, was simply a tort of conversion and therefore actionable in the High Court of a State.
(Relied on in Adetona & Ors. v Igele (2011) – SC.237/2005)
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