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!

WHEN IS A COURT COMPETENT

Reach more audience. Place advert here.

A court is competent when:- (a) It is properly constituted as regards numbers and qualification of members of the bench that no member is disqualified by one reason or another. (b) The subject matter of’ the action is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction. (c) Proper parties are before the court. (d) The action is initiated by due process of law and upon fulfillment of any condition precedent to the exercise of its jurisdiction.

– Adekeye, J.S.C. Goodwill v. Witt (2011) – SC. 266/2005

Was this dictum helpful?

SHARE ON

court

JUDICIAL POWERS SHALL EXTEND TO ALL PERSONS

ALH. WAHAB ODEYALE & ANR. V. ALH. HAMMED OLAPADE BABATUNDE & ORS. (2009) – CA/I/106/2006:
“In my considered view, the constitutional provisions is very clear and unambiguous, and there is need for the court to give its ordinary meaning without any sort of ambiguity. That jurisdiction given to the courts shall extend to all matters between persons or between government or authority and to any person in Nigeria and to all actions and proceedings relating thereto for the determination of any question as to the civil rights and obligations.”

PER ISTIFANUS THOMAS, J.C.A.

Was this dictum helpful?

IT IS NOT THE BUSINESS OF THE COURT TO NOMINATE PARTIES FOR ELECTION

It is not the business of any Court to select or nominate candidates for any political party for election. The nomination of a candidate to contest an election is the sole responsibility of the political party concerned. The Courts do not have jurisdiction to decide who should be sponsored by a political party as a candidate in an election. See Onuoha v Okafor (1983) 2 SCNLR 244, Dalhatu v Turaki (2003) 15 NWLR (pt 843) 310, Shinkafi & Anor v Yari & Ors (2016) LPELR – 26050 (SC) page 57 paragraphs A – D, Olofu & Ors v Itodo & Anor (2010) 18 NWLR (pt 1225) 545. The above position has been the law and has not changed because issue of selection and/or nomination of a candidate for an election is strictly within the domestic jurisdiction or power of political parties.

— J.I. Okoro, JSC. Uba v. Ozigbo, INEC, PDP (SC.CV/772/2021, October 21, 2021)

Was this dictum helpful?

JUDGEMENT OF COURT REMAINS VALID UNTIL SET ASIDE; COURT OF COORDINATE JURISDICTION CANNOT SET ASIDE COORDINATE COURT JUDGEMENT

It is now settled firstly, that a judgment or order of a court of competent jurisdiction, remain valid and effective, unless it is set aside by an appeal court or by the lower court itself if it found that it acted without jurisdiction. See the cases of Ogueze v. Ojiako (1962),SCNLR 112; (1962) 11 All NLR 58 at 61; Williams v. Sanusi (1961) All NLR 334 at 337; Odiase v. Agbo (1972) 1 All NLR (Pt.1) 170 at 176; Melifonwu v. Egbuyi (1982) 9 SC 145; Ajao v. Alao (1986) 5 NWLR (Pt. 45) 802 at 823 and many others. Secondly, in the absence of statutory authority or except where the judgment or order is a nullity, one Judge, has no power, to set aside or vary the order of another Judge of concurrent and co-ordinate jurisdiction. See the cases of Amanabu v. Okafor (1966) 1 All NLR 205 at 207; Okorodudu v. Ejuetami (1967) NMLR 282 at 283; Akporue & Anor v. Okei (1973) 12 SC 137; Uku v. Okumagba (1974)1 All NLR (Pt. 1)475; Wimpey(Nig.)Ltd. v. Balogun (1986) 3 NWLR (Pt. 28) 324 at 331 and Orthopaedic Hospital Management Board v. B. B. Apugo & Sons Ltd. (1990) 1 NWLR (Pt.129) 652 at 657 just to mention but a few. The rationale or reason for this, is because, it is now firmly established that there is only one High Court in a State.

— I.F. Ogbuagu, JSC. Witt Ltd. v Dale Power (2007) – SC.240/2000

Was this dictum helpful?

COURT’S PRONOUNCEMENT SHOULD BE TIED TO THE FACTS WARRANTING THEM

It also appeared in rather bold relief that there is now a tendency among our lawyers, and sometimes among some of our Judges, to consider pronouncements made by Justices of the Supreme Court unnecessary isolation from the facts and surrounding circumstances those particular cases in which those pronouncements were made. I think it ought to be obvious by now, that it is the facts and circumstances of any given case that frame the issues for decision in that particular case. Pronouncements of our Justices whether they are rationes decidendi or obiter dicta must therefore be inextricably and intimately related to the facts of the given case. Citing those pronouncements without relating them to the facts that induced them will be citing them out of their proper context, for, without known facts, it is impossible to know the law on those facts.

– Oputa, JSC. Adegoke v. Adesanya (1989)

Was this dictum helpful?

RULES OF COURT VIOLATED SHOULD BE STATED

The question remains whether the claimants were wrong in filing an affidavit when the defendant did not file any as to its preliminary objection. I must first point out that the argument of the defendant, that the claimants violated the Rules of this Court in filing an affidavit in opposition to the preliminary objection when the defendant did not, is one the defendant made without stating the Rules of this Court that were violated.

— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022

Was this dictum helpful?

SENTIMENT HAS NO PLACE IN OUR COURTS

If I go by sentiments, having regard to the facts of this case leading to this appeal and as appear in the lead Judgment of my learned brother, Oguntade, J.S.C., I may be inclined to allow this appeal. But it is now firmly settled, that sentiments, have no place in our courts including this court. See the cases of Ezeugo v. Ohanyere (1978) 6-7 S.C. 171 @ 184; Omote & Sons Ltd. v. Adeyemo & 9 ors. (1994) 4 NWLR (Pt.336) 48 C.A. and Orhue v. NEPA (1998) 7 NWLR (Pt.557) 107; (1998) 5 SCNJ 126@ 141.

— Ogbuagu, JSC. Grosvenor v Halaloui (2009) – SC.373/2002

Was this dictum helpful?

No more related dictum to show.