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!

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

Reach more audience. Place advert here.

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

Was this dictum helpful?

SHARE ON

jurisdiction

ISSUES ON CONSTITUTION AND JURISDICTION SHOULD BE ADDRESSED AT EARLIEST OPPORTUNITY

It is crystal clear that the question involved in issue 2 for the determination of this court is entirely constitutional. A constitutional issue, like the question of jurisdiction, is not only fundamental but must be disposed of by the court as soon as it is raised to ensure that the proceedings in which it is raised is not rendered nugatory and null and void and that the Constitution which is the supreme law of the land is not breached. See Alhaji Rufai Agbaje and others v. Mrs. W.A. Adelekan and others (1990) 7 NWLR (Pt. 164) 595 at 614. It is in the interest of the best administration of justice that where the issue of jurisdiction or a constitutional issue is raised in any proceedings before any court, it should be dealt with at the earliest opportunity and before a consideration of any other issues raised in the proceedings as anything purportedly done without or in excess of jurisdiction or in breach of the Constitution, which is the supreme law of the land, by any court established under the said Constitution is a nullity and of no effect whatever. See On venta and others v. Oputa and others (1987) 3 NWLR (Pt.60) 259; (1987) 2 N.S.C.C. 900; Attorney General of the Federation and others v. Sode and other (1990) 1 NWLR (Pt. 128) 500; (1990) I N.S.C.C. 271; Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517 at 545 etc. Accordingly, I will proceed firstly to examine issue 2 which raises a grave constitutional question in this appeal.

— Iguh JSC. Onuoha v State (1998) – SC. 24/1996

Was this dictum helpful?

GENERAL DETERMINANTS OF JURISDICTION

In the case of: Ohakim v. Agbaso (2010) 19 NWLR (Pt. 1226) p. 172 at pgs. 243 244, paras. H-B, the Supreme Court restated the purport of the above set out determinants of jurisdiction of Court and the effect where any one of them is lacking, per Muhammad, JSC, as follows: in addition, all law Courts or Tribunals, while exercising their powers must be guided by the general determinants of jurisdiction (a) The statute establishing the Courts/Tribunal. (b) The subject-matter of litigation. (c) The litigating parties. (d) The procedure by which the case is initiated. (e) Proper service of process. (f) Territory where the cause of action arose or, as the case may be, where the defendant resides. (g) Composition of the Court/Tribunal. If any of the above is lacking, then the subject matter, the parties or the composition of the Court/Tribunal is defective which may lead to a nullity.

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

Was this dictum helpful?

JURISDICTION OF NIGERIAN COURTS

It is trite law that jurisdiction is the life wire of any case. The jurisdiction of a Court is the authority which the Court has to decide matters that are litigated before it. See RAHMAN BROTHERS LTD v. NPA (2019) LPELR-46415 (SC), NWANZE v. NRC (2022) LPELR 59631 (SC), BANK OF INDUSTRY LTD. v. OBEYA (2021) LPELR 56881 (SC). The jurisdiction of the Court in Nigeria is inherent and is bestowed upon it by Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as altered) (hereinafter referred to as 1999 CFRN). Under Section 6(6) of the 1999 CFRN, the judicial powers of the Court extends to all matters between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.

— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

Was this dictum helpful?

WRIT OF SUMMONS / ORIGINATING SUMMONS DETERMINES COURTS JURISDICTION

It is settled law that it is the case of the plaintiff as stated in the writ of summons and statement of claim, where the action is commenced by way of writ of summons or the questions, reliefs and supporting affidavit, where the action is commenced by originating summons, that determines the jurisdiction of the court to hear and determine same.

– Onnoghen, JSC. Elelu-Habeeb v. A.G Federation (2012)

Was this dictum helpful?

SUBJECT MATTER OF THE CLAIM THAT DETERMINES JURISDICTION

It is trite law that it is the claim of the Plaintiff that determines the jurisdiction of the Court. P & C.H.S CO. LTD. & ORS. V. MIGFO (NIG.) LTD. & ANOR. (2012) VOL. 212 LRCN 1; ABDULHAMID V. AKAR (2006) 5 SCNJ 43. Making it more explicit, the Apex Court in the case of OLORUNTOBA-OJU & ORS. V. DOPAMU & ORS. (2008) LPELR 2595 (SC) P. 19 PARAS. A-B, Per Oguntade JSC, held thus: “The jurisdiction of the Court will be determined by the subject matter of the claim and not the claim relating to the injunction which was an ancillary relief and depend on the primary claim.”

— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017

Was this dictum helpful?

THERE ARE TWO TYPES OF JURISDICTION

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.

Was this dictum helpful?

No more related dictum to show.