STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

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

Reach more audience. Place advert here.

Matters relating to management and administration of a Company under the Companies and Allied Matters Act fall within the exclusive jurisdiction of the Federal High Court. See: Sken Consult (Nig.) Ltd. & Anor v. Godwin Sekondy Ukey (1981) 1 SC 6; Omisade v. Akande (1987) 2 NWLR (pt.55) 158. Equally, where the suit involves only the interpretation and/or application of the Memorandum and Articles of Association of the Company, it falls within the jurisdiction of the Federal High Court Section 251(1)(e) of the Constitution.

— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

Was this dictum helpful?

SHARE ON

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

Was this dictum helpful?

WHENEVER THE JURISDICTION OF THE FEDERAL HIGH COURT IS CALLED INTO QUESTION

Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 358, A–D per Tsammani JSC:

‘That being so, whenever the jurisdiction of the Federal High Court is called into question, the court must pay attention and focus on the subject matter of the suit. It is not sufficient to aver that the issue affects the Federal Government or its Agency. Thus, where the subject matter of the plaintiff’s claim cannot be fitted into any of the items enumerated in section 251 (a)-(s) the Federal High Court is not the forum for the ventilation of such dispute or action. See Olutola v. Unilorin (2004) 18 NWLR (Pt. 905) 416 at 462’

Was this dictum helpful?

ONCE JURISDICTION IS LACKING, THE SUIT COMES TO AN END

Once the Court finds that it lacks jurisdiction over the matter before it, it has a duty to put an end to the proceedings, Sken-consult (Nig.) Ltd v Ukey [1981] 1 SC 6, 25; Adesokan and Ors. v. Adetunji and Ors. [1994] LPELR-152 (SC); Metilelu v. Olowo-Opejo and Anor [2006] LPELR-11598 (SC).

— C.C. Nweze, JSC. Uzoho v NCP (SC.141/2007, Friday, May 13, 2022)

Was this dictum helpful?

THE GENERAL PRINCIPLE OF LAW IS THAT JURISDICTION MUST BE HEARD FIRST

The general principle of law, backed up by legion of authorities from the apex Court is that where a jurisdiction of a Court is challenged, the Court should expeditiously attend to the objection before taking any other further step in the proceedings. The rationale behind this practice is that the question of jurisdiction of Court is a radical and crucial question of competence, for if a Court has no jurisdiction to hear and determine a case, the totality of the proceedings, including orders made therein, are and remain a nullity, no matter how well conducted and brilliantly decided they might be. In other words, once an issue of jurisdiction is raised, until it is resolved, the Court cannot hear any other applications or any issue except to first determine whether it is possessed of the jurisdiction to determine the case. The Supreme Court has stated severally that it is an exhibition of wisdom to first determine when the Court has the jurisdiction to entertain the matter before it. See Yusuf vs. Egbe (1987) 2 NWLR (Pt. 56) 341, Dapianlong vs. Dariye (2007) 8 NWLR (Pt. 1036) 332, Ukwu vs. Bunge (1997) 8 NWLR (Pt. 518) 527, Nnonye vs. Anyichie (2005) 2 NWLR (Pt. 910) 623, A – G Anambra vs. A-G, Federation (1993) 6 NWLR (Pt. 321) 962.

— T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019

Was this dictum helpful?

TO DETERMINE COURT’S JURISDICTION

Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 359, A–C per Tsammani JSC:

‘Now, to determine whether the court has jurisdiction in a matter, the court will peruse the plaintiff’s claims as endorsed in the originating process, such as the writ of summons and the statement of claim. The defendant’s answer to the claims pleaded in the statement of defence is not a relevant factor in the determination of the jurisdiction of the court. Jurisdiction of a court is determined solely by the plaintiff’s claim.’

Was this dictum helpful?

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

Was this dictum helpful?

No more related dictum to show.