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THERE ARE TWO TYPES OF JURISDICTION

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In A.G. Kwara State & Anor v Saka Adeyemo & Ors (2016) 7 SC (Pt.II) p. 149. I said that: Jurisdiction is a question of law. There are two types of jurisdiction. 1. Jurisdiction as a matter of procedural law. 2. Jurisdiction as a matter of substantive law. A litigant may waive the former. Again in Appeal No: SC.175/2005 Heritage Bank Ltd v Bentworth Finance (Nigeria) Ltd decided by this Court on 23 February, 2018 Eko J.S.C. explained the distinction between substantive jurisdiction and procedural jurisdiction.

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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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JURISDICTION GOES TO THE FOUNDATION OF ANY MATTER

Jurisdiction is very fundamental to adjudication because it goes to the foundational competence of any cause or matter or action before the Court. It is indeed the epicenter of the entire litigation process and thus, without it there can be no validity in any proceedings or resultant judgment or ruling of the Court. Thus, without jurisdiction there can be no competence in the Court to exercise its adjudicatory powers. In such a situation, zealousness to do substantial justice, where there is no competence, is not a virtue. It is simply over zealousness. This is so because “Without jurisdiction, the laborers that is the litigant and counsel on the one hand and the Court on the hand labor in vain”.

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

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JURISDICTION MAY BE RAISED AT ANYTIME

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)

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SUBJECT MATTER, TERRITORIAL, AND PERSONAL JURISDICTIONS OF COURT

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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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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COURT OF LAW SHOULD EXERCISE JURISDICTION WHERE

It is well settled, that a Court of law or tribunal is deemed competent to entertain and determine a matter or action before it if: (a) It is properly constituted in regard to numbers and qualification of the member thereof, and no member is disqualified for any reason whatsoever; (b) The subject matter of the case is within its jurisdiction, and there is no feature therein preventing the Court from exercising its jurisdiction; and (c) The case is initiated by due process of law, and upon satisfying any condition precedent to the exercise of jurisdiction. See Madukolu v. Nkemdilim (1962) 1 All NLR 587; (1962) 2 SCNLR 341; Mark v. Eke (1997) 11 NWLR (Pt. 529) 501; SLB Consotium Ltd v. NNPC (2011) 9 NWLR (Pt. 1252) 317, (2011) 5 SCM 187.

– I.M.M. Saulawa JSC. Ihim v. Maduagwu (2021)

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