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SUBJECT MATTER, TERRITORIAL, AND PERSONAL JURISDICTIONS OF COURT

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By way of a rider, I would want to add that my observation for quite some time now, has shown that the issue of which court has jurisdiction over certain matters, between the Federal High Court and a State High Court, generates anxiety among lawyers. Let me say, from the outset, that the two courts are both superior courts of record. Each is a creature of the Constitution. The matters of jurisdiction in our courts, is generally, approached from three dimensions: territorial, subject matter and jurisdiction on persons. On territorial jurisdiction, the Federal High Court enjoys nationwide jurisdiction whereas a State High Court is confined to the territory of the State and that of the Federal Capital Territory to the Federal Capital Territory. On subject matter jurisdiction, the High Court of a State, by the provision of Section 236 of the Constitution of the Federal Republic of Nigeria, 1999, enjoys unlimited jurisdiction. The Federal High Court has limited jurisdiction or jurisdiction on some enumerated subject matters. A State High Court has jurisdiction mostly over natural persons. Federal High Court has jurisdiction over both natural and artificial persons. There are areas where both the Federal High Court and High Court of a State enjoys concurrent jurisdiction. Example of such is the enforcement of Fundamental Human Rights conferred in Chapter IV of the Constitution.

— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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PROCEEDING WILL BE REGARDED AS A NULLITY – JURISDICTION

Generally, proceedings before the Court of law can be regarded as a nullity where:- (a) The Court is not properly constituted as regards numbers and qualifications of the members of the bench. (b) The subject-matter of the action is not within the jurisdiction of the Court. (c) The case before the Court is not initiated by due process of law, or that there is a condition precedent to the exercise of jurisdiction. See MADUKOLU V NKEMDILIM, (1962)1 ALL N.L.R 587. — M.L. Shuaibu, JCA. Ekpo v GTB (2018) – CA/C/324/2013

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JUDGEMENT GIVEN WITHOUT JURISDICTION IS NULL

para. 25: “25. For clarity, the Defendant and the Intervener raised a serious issue of lack of competence of the Court to adjudicate on the matter. It is trite law that a judgment given without jurisdiction amounts to a nullity no matter how well detailed or conducted the proceedings are.”

Ugokwe v FRN (2005) – ECW/CCJ/JUD/03/05

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NO JURISDICTION MAKES THE PROCEEDING A NULLITY

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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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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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 PROPERLY CONSTITUTED

Madukolu v. Nkemdilim (1962) 1 All NLR 587 per Bairamian FJ as follows:- “Put briefly, a court is competent when: It is properly constituted as regards numbers and qualifications 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 the case comes before the court initiated by the due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction.”

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