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!

RULES OF COURT DO NOT VEST JURISDICTION IN A COURT OF LAW

Reach more audience. Place advert here.

There is another aspect of the matter and it is the citation of Order 43 Rule 1 of the High Court (Civil Procedure) Rules of Abia State. While I agree that they are the current Rules, can Rules of Court vest jurisdiction in a court of law? Rules of court do not possess any legal capacity to vest jurisdiction in a court. That is never their function. The function belongs to the Constitution and statutes; not rules of court. I will therefore not examine the content of Order 43 Rule 1 of the High Court (Civil Procedure) Rules of Abia State.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

Was this dictum helpful?

SHARE ON

jurisdiction

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

Was this dictum helpful?

JURISDICTION OF THE COURT IS DETERMINED BY CAUSE OF ACTION

The jurisdiction of the court is determined by the cause of action of the plaintiff as endorsed on the writ of summons or from both the writ of summons and the statement of claim. Where however, an action is commenced by Originating summons then it is the reliefs sought as well as the averments in the affidavit in support of the originating process that would be examined to discern if the court has jurisdiction. These would be relied on if the facts placed before the court as contained in the statement of claim or the affidavit in the case of originating summons are clear and unambiguous to enable it determine the issue. This is because it is the plaintiff who invokes the constitutional right for a determination of his right and accordingly the exercise of the judicial powers of the Constitution vested in the courts. See: A-G., Oyo State v. NLC (2003) 8 NWLR (Pt. 821) page 1; Akande & 2 Ors. v. Busari Alagbe & Anor, (2001) FWLR (Pt. 38) page 1352, (2000) 15 NWLR (Pt.690) 353; A.-G., Federation v. Guardian Newspaper Ltd. & 5 Ors. (2001) FWLR (Pt. 32) page 93, (1999) 9 NWLR (Pt. 618) 187; Messrs N. V. Scheep & Anor. v. The MV’s Araz & Anor. (2000) FWLR (Pt 34) page 556, (2000) 15 NWLR (Pt. 691) 622; NEPA v. Atukpor (2001) FWLR (Pt. 20) page 626, (2000) 1 NWLR (Pt. 693) 96; General Sani Abacha & 3 Ors. v. Chief Gani Fawehinmi (2000) FWLR (Pt. 4) page 557, (2000) 6 NWLR (Pt. 660) 228; Okulate & 4 Ors. v. Awosanya & 2 Ors. (2000) 2 NWLR (Pt. 646) page 530-6.

— Aboki, JCA. Action Congress v INEC (2007) – CA/A/101/07

Was this dictum helpful?

THE CONCEPT OF JURISDICTION

The concept of what jurisdiction encompasses was proffered in the judgment of this Honourable Court in Aladejobi v. N.B.A. (2013) 15 NWLR (Pt.1376) page 66 at 81, wherein this Court held as to the Constitution of jurisdiction thus: “It is said to be the authority which a Court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision. Such authority of the Court is controlled or circumscribed by the statute creating the Court itself or it may be circumscribed by a condition precedent created by a legislation which must be fulfilled before the Court can entertain the suit. It is the power and authority of a Court to hear and determine a judicial proceedings and power to render particular judgment in a cause of action.”

Was this dictum helpful?

EXCEPTION TO DETERMINING JURISDICTION BY WRIT & STATEMENT OF CLAIM

The point has to be cleared without delay that the law though well settled is that the writ of summons and statement of claim are the materials on which the issue of competence and jurisdiction of Court is raised, however it is not a principle cast in stone or regarded as immutable as circumstances could arise where, when an objection is made by means of a motion on notice, facts deposed to in affidavit in support as well as the counter affidavits and attached exhibits are also utilised to resolve the question, in the same vein could come up the use of evidence already adduced in the resolution of the question of jurisdiction as was the case in the instant matter which came up at the close of evidence and in the final addresses of counsel. Therefore the Court below erred in holding that the trial High Court was correct to determine the objection by reference solely on the writ of summons and statement of claim even though the oral and documentary evidence in proof of the relevant paragraphs of the statement of claim were staring it in the face of the Court. Indeed the Court below ought not to have closed its eyes to the record and the evidence already before it. See Okoroma v Uba (1999) 1 NWLR (Pt.587) 359; Onuorah v KRPC Ltd (2005) 6 NWLR (Pt.921) 393; NDIC v CBN (2002) 7 NWLR (Pt.766) 272; I.K. Martins (Nig.) Ltd v UPL (1992) 1 NWLR (Pt.217) 322; Agbareh v Mimra (2008) 2 NWLR (Pt.1071) 378; Osafile v Odi NO.1 (1990) 3 NWLR (Pt.137) 130; Nigergate Ltd v Niger State Government (2008) 13 NWLR (Pt. 1103) 111 (CA).

— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

Was this dictum helpful?

WHERE SUBJECT MATTER OF FUNDAMENTAL HUMAN RIGHT APPLICATION IS WITHIN FHC, STATE HIGH COURT HAS NO JURISDICTION

Whereas both the State and Federal High Courts have concurrent jurisdiction in the determination of Fundamental Right cases, the phrase “subject to the provision of the Constitution” as embodied under Section 46 (2) demarcated the respective Jurisdictions of the State and Federal High Courts. In essence, a State High Court cannot for instance rightly and validly determine allegations of breach of Fundamental Rights emanating from acts of Terrorism or Treason and Treasonable felonies which fall under the jurisdiction of the Federal High Court. Likewise, a Federal High Court cannot except where circumstances permit, validly determine alleged violation of human rights that arise from torts, rape or armed robbery etc. as the same ordinarily fall within the jurisdiction of the State High Courts.

— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017

Was this dictum helpful?

JURISDICTION IS DETERMINED FROM THE FACTS PRESENTED BY THE PLAINTIFF

Para. 12: “The plaintiffs failed to address the issues raised by the defendant in the preliminary objection. This court in its inherent jurisdiction to do justice at all times will however proceed to analyze the issues raised in line with the facts presented by the plaintiffs in the initiating application. This is more so as jurisdiction is determined from the facts presented in a Plaintiffs application and not from the defence.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

Was this dictum helpful?

No more related dictum to show.