Judiciary-Poetry-Logo
JPoetry

WHEN CAN IT BE SAID THAT A COURT HAS JURISDICTION TO HEAR A CASE

Reach more audience. Place advert here.

Dictum

It is now settled law that jurisdiction is the life blood of adjudication in that any decision by a Court that lacks jurisdiction to hear and determine a matter is a nullity no matter how well conducted see Madukolu vs Nkemdilim 1962 NSCC 374 at 379-380. When can it be said that a Court has jurisdiction to hear and determine a case? As stated earlier, the Supreme Court in the above cited case decided that for a Court to have the requisite jurisdiction to hear a matter: (a) the Court must be properly constituted as regard numbers and qualifications of members of the bench, and no member is disqualified for one reason or another; (b) the subject matter of the case is within the jurisdiction of the Court and there is no feature in the case that prevents the Court from exercising its jurisdiction; and (c) the case comes before the Court initiated by due process of the law, and upon fulfilment of any condition precedent to the exercise of jurisdiction.

— Onnoghen, CJN. Nwachukwu v Nwachukwu (2018) – SC.601/2013

Was this dictum helpful?

SHARE ON

FEDERAL HIGH COURT HAS JURISDICTION OVER AVIATION MATTERS

The Federal High Court has exclusive jurisdiction over Aviation related causes of action. See Section 251 (1) K of the Constitution; and a plaintiff, claimant would have a valid claim if his suit is commenced within two years from the date of arrival at his destination or from the date on which the aircraft ought to have arrived or from the date the flight ended. See Article 29 of both Legislations.

– Rhodes-Vivour, JSC. Cameroon v. Otutuizu (2011) – SC.217/2004

Was this dictum helpful?

JURISDICTION CAN BE RAISED AT ANYTIME BY THE COURT

The law is well settled that the issue of jurisdiction is so fundamental to adjudication that it can be raised at any stage of the proceedings and even for the first time on appeal to this court. See Usman Dan Fodio University v. Kraus Thompson Ltd (2001) 15 NWLR (Pt. 736) 305; Elabanjo v. Dawodu (2006) All FWLR (Pt. 328) 604, (2006) 15 NWLR (Pt. 1001) 76 115-116 G-A ; PDP v. Okorocha (2012) All FWLR (Pt. 626) 449, (2012) 15 NWLR (Pt. 1323) 205. The issues are therefore competent before this court.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

Was this dictum helpful?

SITUATIONS WHERE ISSUE OF JURISDICTION MAY BE RAISED

Any objection to the jurisdiction of a court can be raised in any of the following situations – a. On the basis of the statement of claim, b. On the basis of evidence received, c. By motion supported by affidavit setting out facts relied on, d. On the face of writ of summons. Where appropriate as to the capacity in which the action was brought or against whom the action was brought.

— O.O. Adekeye, JSC. Goldmark & Ors. v. Ibafon Co. & Ors. (2012) – SC.421/2001

Was this dictum helpful?

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)

Was this dictum helpful?

NO JURISDICTION, COURT CANNOT DECIDE

It is a cardinal principle of law that jurisdiction is fundamental to the determination of a suit, as unless a court is competent, it cannot exercise jurisdiction over a suit to the extent of deciding on it.

– Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005

Was this dictum helpful?

JURISDICTION IS A THRESHOLD MATTER

Jurisdiction is a threshold matter. Once raised all proceedings abate until it is resolved. Proceedings conducted without jurisdiction amount to a nullity. There is nothing as useless as conducting a trial flawlessly only to find out that the court had no jurisdiction to hear the matter. That explains why the issue of jurisdiction can be taken at any stage of the proceedings, at trial, on appeal and even in the Supreme Court for the first time.

– Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 1183 | UO – 2 | GO – 931 | BO – 250

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.