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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Once the question of jurisdiction is raised, it must be resolved before any further step is taken in the proceedings as the jurisdiction of the Court to entertain the suit is fundamental to the competence of the Court, and has been described as the lifeblood of adjudication. See Statoil (Nig) Ltd v Inducon (Nig) Ltd (2021) 7 NWLR Part 1774 Page 1 at 47-48 Para H-F per M.D. Muhammad JSC; Central Bank of Nigeria v Rahamaniyya G.R. Ltd (2020) 8 NWLR Part 1726 Page 314 at 337 Para A-B per Okoro JSC.
— O. Adefope-Okojie, JCA. Kanu v FRN (2022) – CA/ABJ/CR/625/2022
Without doubt, where a case is heard and judgment is delivered by a court without jurisdiction, the proceedings will be a nullity. – Iguh, JSC. Oshatoba v. Olujitan (2000)
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
Before a court finally determines a case pending, it is seised with jurisdiction to determine whether or not it has jurisdiction, but once the court has declined jurisdiction it is functus officio – such a decision can only be referred to an appellate court.
— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000
Para. 12: “The plaintiffs failed to address the issues raised by the defendant in the preliminary objection. This court in its inherent jurisdiction to do justice at all times will however proceed to analyze the issues raised in line with the facts presented by the plaintiffs in the initiating application. This is more so as jurisdiction is determined from the facts presented in a Plaintiffs application and not from the defence.”
— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17
It is trite law that for a court to be competent and have jurisdiction over a matter, proper parties must be identified. Before an action can succeed, the parties to it must be shown to be the proper parties to whom rights and obligations arising from the cause of action attach. The question of proper parties is a very important issue which would affect the jurisdiction of the court as it goes to the foundation of the suit in limine. Where proper parties are not before the court then the court lacks jurisdiction to hear the suit.
– Adekeye, J.S.C. Goodwill v. Witt (2011) – SC. 266/2005
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