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MEANING AND IMPORTANCE OF JURISDICTION

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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

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

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

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IT IS PARAMOUNT TO DECIDE ISSUE OF JURISDICTION FIRST

The issue of jurisdiction is the bedrock of adjudication by a Court of law and as such, it is basically considered expedient to resolve same before proceeding to consider the main issues presented to the Court for adjudication on the merit. It goes without saying that the determination of a suit by a Court is null and void if done without jurisdiction notwithstanding how well or proper the proceeding was conducted. The jurisdiction of a Court to entertain a matter is therefore fundamental to the extent that if a Court has no jurisdiction to hear and determine a case, the proceedings is a nullity ab initio. See Madukolu v. Nkemdilim (1962) 2 SCNLR 341; A.G. Lagos State v. Dosunmu (1989) 6 SC (Pt. II) page 1; A.G. Rivers State v. A.G. Akwa Ibom State (2011) 8 NWLR (Pt. 1248) 31; Ajao v. Alao (1986) 5 NWLR (Pt. 45) 802; Galadima v. Tambai (2000) 6 SCNJ 190.

— S.C. Oseji, JCA. Access Bank v Edo State BIR (2018) – CA/B/333/2015

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JURISDICTION CAN BE RAISED AT ANYTIME BY THE COURT

The law is well settled that the issue of jurisdiction is so fundamental to adjudication that it can be raised at any stage of the proceedings and even for the first time on appeal to this court. See Usman Dan Fodio University v. Kraus Thompson Ltd (2001) 15 NWLR (Pt. 736) 305; Elabanjo v. Dawodu (2006) All FWLR (Pt. 328) 604, (2006) 15 NWLR (Pt. 1001) 76 115-116 G-A ; PDP v. Okorocha (2012) All FWLR (Pt. 626) 449, (2012) 15 NWLR (Pt. 1323) 205. The issues are therefore competent before this court.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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THE FCT HIGH COURT IS NOT A COURT FOR ALL PURPOSE

Section 299 of the 1999 Constitution, be it noted, regards the FCT, Abuja “as if it were one of the States of the Federation”. Accordingly, for all intents and purposes, FCT High Court, under the Constitution, is no more than a State High Court. The Constitution has never intended it to be a High Court at large with Jurisdiction over matters outside its territory.

– E. Eko JSC. Mailantarki v. Tongo (2017) – SC.792/2015

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FAILURE TO CITE SPECIFIC ARTICLES IN CHARTER CANNOT OUST JURISDICTION – (African Court)

Failure to cite any specific articles of the Charter or any other human rights instrument ratified by the Respondent is no reason to oust the jurisdiction of the Court.

– CHACHA v. THE UNITED REPUBLIC OF TANZANIA (003/2012) [2014] AFCHPR 48 para 122

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WHEN A COURT IS COMPETENT TO EXERCISE JURISDICTION OVER A SUIT

A court is said to be competent to exercise jurisdiction over a suit when the following are present: 1. It is properly constituted as regards members and qualification of the members of the bench and no member is disqualified for one reason or another; 2. The subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction; and 3. The case comes before the Court initiated by due process of law, and upon fulfilment of any condition precedent to the exercise of jurisdiction. See MADUKOLU V. NKEMDILIM (1962) 2 SCNLR 341; O’BAU ENGINEERING LTD V. ALMASOL (NIG.) LTD (2022) LPELR 57985 (SC); PETROLEUM (SPECIAL) TRUST FUND V. FIDELITY BANK & ORS (2021) LPELR 56625 (SC); ENEH V. NDIC & ORS (2018) LPELR 44902 (SC); JAMES V. INEC & ORS (2015) LPELR 24494 (SC).

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

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