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JURISDICTION OF COURT – JURISDICTION CAN BE RAISED AT ANY TIME

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I have found that ground (1) is premised on the jurisdiction of the lower court. It is the law that even where a court of law does not pronounce whether it has jurisdiction to try a matter or not, once the establishing law or other statutes or the subject matter or party before the court has divested that court of jurisdiction, then jurisdiction does not reside in the court. The ground is properly taken by the appellant in this appeal as issue of jurisdiction can be raised at any level of the proceedings of a court even at appeal levels. See: Nigeria Eng. Works Ltd. v. Denap Ltd. (2001) 18 NWLR (Pt.746) 726.

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

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IT IS THE CLAIM OF THE PLAINTIFF THAT IS CONSIDERED TO EXAMINE JURISDICTION

To put it in different words, the jurisdiction of a Court is determined by the plaintiffs claim as disclosed in the endorsement on the writ of summons cum statement of claim or as in the present case, originating summons cum its supporting affidavit and not the averments contained in the statement of defence or counter affidavit to the originating summons. That is to say, it is the claim of the plaintiff before the Court that has to be examined in ascertaining whether or not it falls within the jurisdiction conferred on the Court by the Constitution or Statute establishing the Court and prescribing its jurisdiction.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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JUDGEMENT GIVEN WITHOUT JURISDICTION IS NULL

para. 25: “25. For clarity, the Defendant and the Intervener raised a serious issue of lack of competence of the Court to adjudicate on the matter. It is trite law that a judgment given without jurisdiction amounts to a nullity no matter how well detailed or conducted the proceedings are.”

Ugokwe v FRN (2005) – ECW/CCJ/JUD/03/05

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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).’

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NO JURISDICTION, COURT CANNOT DECIDE

It is a cardinal principle of law that jurisdiction is fundamental to the determination of a suit, as unless a court is competent, it cannot exercise jurisdiction over a suit to the extent of deciding on it.

– Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005

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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

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RECEIVER/MANAGER WHO IS LIABLE OF CONVERSION WILL BE TRIED IN HIGH COURT OF A STATE

The position of the law is admirably captured and enhanced in the case of 7UP BOTTLING CO. LTD. and ors. v ABIOLA and SONS LIMITED (2001)13 NWLR (pt.730) 469 where the acts and conduct complained of are that of a Receiver/Manager. It was similarly argued on behalf of the Appellants in that case that because it was a Receiver/Manager who sold the Respondent’s properties, it was a matter which bordered on the operation of the companies and Allied Matters Act and falls within the exclusive jurisdiction of the Federal High Court. This Court Per ONU JSC discountenanced this argument and held that since there was an extant injunction restraining the Receiver/Manager from selling the Respondent’s properties, the sale of those properties amounted to conversion which is an action in tort over which the Kwara State High Court has jurisdiction.
(Relied on in Adetona & Ors. v Igele (2011) – SC.237/2005)

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