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WHEN A COURT IS COMPETENT TO EXERCISE JURISDICTION OVER A SUIT

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A court is said to be competent to exercise jurisdiction over a suit when the following are present: 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; 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 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. See MADUKOLU V. NKEMDILIM (1962) 2 SCNLR 341; O’BAU ENGINEERING LTD V. ALMASOL (NIG.) LTD (2022) LPELR 57985 (SC); PETROLEUM (SPECIAL) TRUST FUND V. FIDELITY BANK & ORS (2021) LPELR 56625 (SC); ENEH V. NDIC & ORS (2018) LPELR 44902 (SC); JAMES V. INEC & ORS (2015) LPELR 24494 (SC).

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

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FHC & HIGH COURT HAVE CONCURRENT JURISDICTION ON HUMAN RIGHTS ISSUES

A community reading of Section 46 of the 1999 Constitution and Order 1(2) of the Fundamental Rights Enforcement Procedure Rules would reveal undisputedly that both the Federal High Court and the High Court of a State have concurrent jurisdiction on matters of breach or likely breach of any of the fundamental rights enshrined in Chapter IV of the Constitution. This has been the consistent position of this Court upheld in an avalanche of cases, some of which are Grace Jack v. University of Agriculture, Makurdi (2004) 17 NSCQR 90 at 100; (2004) 5 NWLR (Pt. 865) 208; Olutola v. University of Ilorin (2004) 18 NWLR (Pt. 905) 416, Ogugu v. The State (1994) 9 NWLR (Pt. 366) 1.

– J.I. Okoro JSC. Ihim v. Maduagwu (2021)

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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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WHENEVER THE JURISDICTION OF THE FEDERAL HIGH COURT IS CALLED INTO QUESTION

Adekanola v. A.P.D. Co. Ltd. (2026) 9 NWLR (Pt. 2048) 309 at 358, A–D per Tsammani JSC:

‘That being so, whenever the jurisdiction of the Federal High Court is called into question, the court must pay attention and focus on the subject matter of the suit. It is not sufficient to aver that the issue affects the Federal Government or its Agency. Thus, where the subject matter of the plaintiff’s claim cannot be fitted into any of the items enumerated in section 251 (a)-(s) the Federal High Court is not the forum for the ventilation of such dispute or action. See Olutola v. Unilorin (2004) 18 NWLR (Pt. 905) 416 at 462’

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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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IT IS THE CLAIM OF THE PLAINTIFF THAT IS CONSIDERED TO EXAMINE JURISDICTION

To put it in different words, the jurisdiction of a Court is determined by the plaintiffs claim as disclosed in the endorsement on the writ of summons cum statement of claim or as in the present case, originating summons cum its supporting affidavit and not the averments contained in the statement of defence or counter affidavit to the originating summons. That is to say, it is the claim of the plaintiff before the Court that has to be examined in ascertaining whether or not it falls within the jurisdiction conferred on the Court by the Constitution or Statute establishing the Court and prescribing its jurisdiction.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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WRIT & STATEMENT OF CLAIM MUST BE CAREFULLY EXAMINED TO ASCERTAIN JURISDICTION

In their arguments on the sole issue, both learned counsel for the parties correctly stated the often-stated principle of law in determining whether or not a court has jurisdiction to entertain the subject matter of a suit. That is that the writ of summons and the Statement of claim must be carefully examined. See OPITI v. OGBEIWI (1992) 4 NWLR (pt.234) 184 at 195; ADEYEMI v OPEYORI (1976) 9-10 SC.31 at 49. It is well settled that where there is no jurisdiction to hear and determine a cause or matter, everything done in such want of jurisdiction is a nullity. See MUSTAPHA v. GOVERNOR OF LAGOS STATE (1987) NWLR (pt.58).

— S. Galadima JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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