MANAGEMENT AND ADMINISTRATION OF COMPANIES FALLS WITHIN THE FEDERAL HIGH COURT JURISDICTION

COURT LACKS JURISDICTION WHERE THERE ARE NO PROPER PARTIES

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

JURISDICTION OF COURT – JURISDICTION CAN BE RAISED AT ANY TIME

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

EXCLUSIVE JURISDICTION IS ON FHC WHERE ANY OF ITS AGENCIES IS A PARTY

ADEGBITE & ANOR. v AMOSU (2016) LPELR 40655 (SC); wherein it was held that: “The Constitution of the Federal Republic of Nigeria, 1999 (as amended) has conferred exclusive jurisdiction on the Federal High Court in a matter in which the Federal Government or any of its agencies is involved. (Section 251(1) (p), (q), (r) and (s).” Per Ibrahim Tanko Muhammad, J.S.C (p. 16).

JURISDICTION OF THE COURT – GENERAL NATURE OF JURISDICTION

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)

JURISDICTION MAY BE RAISED AT ANYTIME

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)