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NO JURISDICTION MAKES THE PROCEEDING A NULLITY

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The Law is well settled that where a court has no jurisdiction to entertain any claim, anything done in respect of the claim will be an exercise in futility. In the celebrated case on the subject of jurisdiction and competence of court of Madukolu & others v Nkemdilim & others (1962) 2 SCNLR 342; (1962) NSCC 374; (1962) 1 All NLR 587; Bairamian, F.J. stated the law at page 595 as follows:- “Before discussing those portions of the record, I shall make some observations on jurisdiction and the competence of a court. Put it briefly, a court is competent when:- (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; and (2) the subject matter of the case is within its jurisdiction, and there is no feature of 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.” Once there is a defect in competence, it is fatal as the proceedings are a nullity. See Ojo-Ajao & others v Popoola Ajao & others (1986) 5 NWLR (Part 45) 802 and Attorney-General Anambra State v Attorney-General of the Federation (1993) 6 NWLR (Part 302) 692. — Mohammed JSC. AG Kano State v AG Federation (2007) – SC 26/2006

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JUDGE SHOULD NOT MAKE PRONOUNCEMENTS ON THE CASE AFTER STRIKING OUT FOR WANT OF JURISDICTION

It is my judgment that the Judge was wrong in dismissing the suit rather than striking it out when he held that he had no jurisdiction. The court was not just wrong, I dare say that the court abdicated a constitutional obligation or duty. In any case, the law is that even where a court finds that it had no jurisdiction he has no business making any other order or proceeding further other than to do his only duty, which is to strike out the matter or case: Obi v. I.N.E.C. (2007) All FWLR (Pt. 378) 1116, (2007) 11 NWLR (Pt. 1046) 565. Also the case of John Egbele v. The Post Master General (unreported decision of this court in CA/L/585/05 delivered on 10 November 2010) wherein this court, per Mukhtar JCA in his lead judgment said at page 10 thus: “The court below having rightly held that it lacked jurisdiction in the matter, ought to have simply struck out the matter as it lacked the competence to decide any other issue. The further pronouncement by the court that the suit was statute-barred was null and void and same is hereby struck out” In Okotie-Eboh v. Manager (2005) 123 LRCN 256, (2005) All FWLR (Pt. 241) 277, the Supreme Court also made it clear, per Edozie JSC at page 288, paragraph K of the report that the superfluous pronouncement made after a finding that the court had no jurisdiction was academic as courts of law are not academic institutions. I must say that it is for this same reason that I had in the decision of this court in Egbele v. The Post Master General said in my contribution as follows: “it is in the same reasoning that I hold that challenge raised in ground No. 2 of the appeal – bordering as it were on the limitation of action, has no merit as the High Court of a State including that of Lagos State has no jurisdiction to proceed to pronounce on the incompetence of the suit for being statute-barred after it had found … That it lacked jurisdiction to adjudicate the matter.”

— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)

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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

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ISSUE ON JURISDICTION MUST BE RESOLVED BEFORE ANY OTHER THING

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

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NO JURISDICTION WHERE STATUTORY CONDITION NOT FULFILLED

After all, it is to be remembered that all appeals in this country and elsewhere exist merely by statute and unless the statutory conditions are fulfilled no jurisdiction is given to any Court of Justice to entertain them.

— Lord Atkin, Ohene Moore v. Akesseh Tayee (1933) JELR 85041 (WACA)

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JURISDICTION CAN BE RAISED AT ANY TIME AND SHOULD BE CONSIDERED EARLIEST

It is settled law that the issue of jurisdiction can be raised at any stage of the proceedings even on appeal. Jurisdiction is regarded as a threshold issue and a life line for continuing any proceedings, that objection to jurisdiction ought to be taken at the earliest opportunity provided there are sufficient materials before the court to consider it and a decision reached on it before any other step in the proceedings is taken because if there is no jurisdiction the entire proceedings are a nullity no matter how well conducted. See Western Steel Works Ltd. v. Iron and Steel Workers Union (1986) 3 NWLR (Pt.30) 617; Barclays Bank of Nigeria v. C.B.N. (1976) 6 SC 175; Aloha v. Akereja (1988) 3 NWLR (Pt. 84) 508; Odofin v. Agu (1992) 3 NWLR (Pt. 229) 350: Jeric (Nig.) Ltd. v. U. B.N. Plc. (2000) 15 NWLR (Pt. 691) 447 and NDIC v. C.B.N. (2002) 7 NWLR (Pt. 766) 272. It is always in the interest of justice to raise the issue of jurisdiction at the earliest opportunity so as to save time and costs and to avoid a trial in nullity. See Petrojessica Enterprises Ltd. v. Leventis Technical Co. Ltd. (1992) 5 NWLR (Pt. 244) 675, at 693 where Belgore, JSC, said: “It is desirable that preliminary objection be raised early on issue of jurisdiction, but once it is apparent to any party that the court may not have jurisdiction it can be raised even viva-voce as in this case. It is always in the interest of justice to raise issue of jurisdiction so as to save time and costs and to avoid a trial in nullity.” See also Enweremadu v. Ohajuruka (supra) at 478 when Ikongbeh, JCA held inter alia: “Once the jurisdiction of court is called into question, it becomes powerless to do anything in a cause or matter before it other than to inquire into the existence or lack of jurisdiction to entertain the cause or matter, it cannot do anything in furtherance of the cause or matter.”

— Abba Aji, J.C.A. Secondi Bogban & Ors. V. Motor Diwhre & Ors. (CA/B/88/2003, 20 MAY 2005)

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COURT HAS JURISDICTION TO DETERMINE IF IT HAS JURISDICTION

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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