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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In the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v. Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO: ECW/CCJ/JUD/19/17 (At page 14 of the judgment); the court held that: “Indeed Allegations of violations of Human Rights by an Applicant is sufficient to invoke the jurisdiction of this Court. This is distinct from the issues of the veracity of the allegation.”
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)
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
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
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)
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
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