However, what the learned senior Counsel failed to realize is the fact that the presence of the 2nd Appellant, the National Judicial Council and the Honourable Attorney General of the Federation as parties in the case, had pulled in a feature in the case which brought it out of the jurisdiction of the High Court taking into consideration the decision of this Court in Madukolu v. Nkemdelim (supra) earlier quoted in this judgment.
– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)
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A party who is not competently before the Court is incapable of filing applications. The incompetence of the application fatally affected the ruling of the trial Court appealed against. – SAULAWA, JCA. Eshiet v. Effiong (2018)
The position of the law is admirably captured and enhanced in the case of 7UP BOTTLING CO. LTD. and ors. v ABIOLA and SONS LIMITED (2001)13 NWLR (pt.730) 469 where the acts and conduct complained of are that of a Receiver/Manager. It was similarly argued on behalf of the Appellants in that case that because it was a Receiver/Manager who sold the Respondent’s properties, it was a matter which bordered on the operation of the companies and Allied Matters Act and falls within the exclusive jurisdiction of the Federal High Court. This Court Per ONU JSC discountenanced this argument and held that since there was an extant injunction restraining the Receiver/Manager from selling the Respondent’s properties, the sale of those properties amounted to conversion which is an action in tort over which the Kwara State High Court has jurisdiction.
(Relied on in Adetona & Ors. v Igele (2011) – SC.237/2005)
In this regard, the law is long and well settled that where a plaintiff claims, say, a declaration of title to land or whatever, and his claim is dismissed, it will be wrong to grant the declaration to the defendant if he did not ask for it by way of counter-claim. See: Ntiaro v. Akpam 3 N.L.R. 10; Abisi v. Ekwealor (1993) 6 NWLR (Pt. 302) 643 etc. As has been pointed out repeatedly by this and other courts, courts of law are no father Christmas and they must not grant to a party a relief which he has not sought or claimed or which is more than he has claimed. see: Ekpenyong v. Nyong (1975) 2 S.C. 71 at 81-82.
– Iguh JSC. Awoniyi v. AMORC (2000)
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).
The law therefore is that although in the regular Courts, the issue of jurisdiction can be raised at all stages of the proceedings of a case; from the trial to the final appellate, where a statute prescribed the stage at which the issue is to be raised in the course of the proceedings of a case, the issue cannot be validly and properly raised at any other stage other than the one stipulated in the statute. The general principle applies only where there was no statutory provision as to the particular or specific stage of the proceedings of a case at which the issue of jurisdiction is to be raised by a party.
– Garba, JCA. Dunlop v. Gaslink (2018)
APPELLATE COURT AND TRIAL COURT HAVE CONCURRENT JURISDICTION ON EVALUATION OF DOCUMENTARY EVIDENCE
Suleiman v. State (2026) 11 NWLR (Pt. 2052) 537 at 568—569, G—H per Ogbuinya JSC:
‘Let me place on record, perforce, that the law, in order to banish injustice from its undeserved throne in the temple of justice, donates concurrent jurisdiction to this court and the lower courts on evaluation of documentary evidence. See Ezeuko v. State (2016) 6 NWLR (Pt. 1509) 529; FRN v. Sanni (2014) 16 NWLR (Pt. 1433) 299; Atoyebi v. FRN (2018) 5 NWLR (Pt. 1612) 350; Bako v. IGP (2025) 16 NWLR (Pt. 2012) 591. I am, therefore, showered with right to tap from the vineyard of this co-extensive jurisdiction, bequeathed to this court by law, vis-à-vis the interpretation of appellant’s confessional statement, exhibit 2(b), without any iota of insult to the law.’
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