THE CONCEPT OF JURISDICTION IN NIGERIA LEGAL SYSTEM.

By Nwodom Abraham Fidelis

Ebonyi State University       

                    

ABSTRACT

This article examines the concept of jurisdiction. Jurisdiction as a cornerstone of judicial process. It is a fundamental principle which underscores the authority or power a court has to adjudicate a matter brought before them. In Nigeria legal system it's a preliminary factor a court or a party to a suit should consider before adjudicating or instituting a matter. This article examines the nature of jurisdiction, it importance because a judgement given when a court lacks jurisdiction amount to nullity. It explores the classification within Nigeria Legal system, emphasizing it constitutional foundation. The principle gives effect to the uniformity of Nigeria judicial process.

INTRODUCTION

The administration of justice in any society depends fundamentally on the lawful authority of courts to decide matters between disputing parties. This authority is known as jurisdiction. It determines the competence of a court to entertain, hear and determine a cause or matter. It is of settled authority that a judgement delivered where a court lacks jurisdiction even in the case of merit, the judgment will amount to nullity. In the Nigerian legal system, where a court has no jurisdiction over matter it cannot exercise any judicial power thereon.

 

NATURE OF JURISDICTION 

Jurisdiction the power or authority a court has to adjudicate a matter before it. According to Black’s Law Dictionary, it is a court's power to decide a case or issue a decree. The word jurisdiction has received judicial interpretation in many cases. For example  in A.G LAGOS V. DOSUNMU, the supreme court per Nnaemeka  Agu (JSC) defined  jurisdiction as the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for it's decisions. In OLORIODE V. OYEBI, the court held that jurisdiction is the very basis on which any court tries a case; It is the lifeline of all trials. A trial without jurisdiction is a nullity. 

The issue of proper Jurisdiction is also a fundamental issue that can be raised in court by any of the parties present at any court hearing, suo moto. It can be raised at any stage of the proceedings in court. It can even be raised for the first time on appeal at the supreme court. In OBETA V. OKPE, the court held that once an issue of jurisdiction is raised at any stage in the proceedings in any matter, it ought to be gone into first, as failure to do so may mean that all the exercise of adjudication turns out to be a waste of time. 

An objection can be raised by  (a) Preliminary objection  (b) motion on notice supported by an affidavit of fact  (c) In the statement of defense etc. 

 

 

Jurisdiction of a court to try a matter before it is very important because a judgement delivered by a court without jurisdiction is nullity. For a court to have the appropriate jurisdiction to adjudicate a matter it must satisfy core elements established in the case of MADUKOLUM V. NKEMDILIM, these competent to adjudicate upon a case as was held are:

(a) That a court is properly constituted with respect to the number and qualification of it's membership.

(b) The subject matter of the action is within it's jurisdiction.

(c) The action is initiated by due process 

(d) Any condition precedent to the exercise of it's jurisdiction has been fulfilled.

That is to say, if the court is not duly constituted with regard to the requisite number of judges to adjudicate a matter, it is deprived of jurisdiction. 

For instance, the number of justices required to sit at the Supreme Court to consider an appeal brought under Section 233(2b) or (c) of the Constitution, or to exercise its original jurisdiction under Section 232 of the Constitution, is seven justices. If only six justices purport to sit and adjudicate such matters, the court will lack jurisdiction due to improper constitution. Furthermore, if a member of the court is not duly qualified as prescribed by the statutes that establish the court, it will similarly lack jurisdiction to adjudicate. For example, Section 238(3) stipulates that an individual shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practice as a legal practitioner in Nigeria and has maintained such qualification for a minimum of twelve years. Thus, if an individual has not qualified to practice as a legal practitioner and has not accrued twelve years of practice, yet presides over a matter in the Court of Appeal, the court lacks jurisdiction. In IZEBUWA v. NBA, the Supreme Court held that where the composition of the panel of the tribunal that heard and determined the appeal varied, the proceedings infringed upon the right to a fair hearing.

SUBJECT MATTER: the subject matter of the case before the court must be within it's jurisdiction. The constitution or the statute that creates the court prescribes the subject matter it can adjudicate upon. If a subject matter Falls within the jurisdiction of the court, the court is said to have jurisdiction, however if a court adjudicates on a subject matter over which it has no jurisdiction, its decision amount to nullity and all precision held void ab-initio. For example a state high court cannot sit on matter pertain to section 251 of the constitution which is the exclusive jurisdiction of the federal high court. Likewise if a federal high court adjudicate on a term of settlement of any trade dispute which is exclusive jurisdiction of industrial court , it's decision amount to nullity. 

 

DUE PROCESS AND CONDITION PRECEDENT: For a court to properly assume jurisdiction to adjudicate over a matter due process must have been followed . 

If a party being sued is one that requires a pre-action notice to be given before the commencement of the action was not given, the court is robbed jurisdiction. For example section 12 (2) of NNPC Act prescribed that a one month pre-action notice be given before an action is commenced against NNPC . 

A Party who constitutes an action before another  is also required to commence action within the time prescribed to that Act , failure of the party to bring an action within a prescribed time, invalidates a court jurisdiction to adjudicate over the matter. Example section 2 of the public officers protection Act prescribes a time limit of three months within which an action against the public officers must be brought before a court . If an action is brought after expiration of such time ,it robs a court jurisdiction. This statute of limitation is subject to some exception 

(A) When there has been a continuous of damage 

(B) Where there has been acknowledgement of indeptedness with a promise to pay 

CLASSIFICATION OF JURISDICTION

1). Geographical Territory Jurisdiction

This refers to the geographical area of operation of the particular court. A state high court in Ebonyi for instance has jurisdiction over subject matters and parties within Ebonyi State. It lacks jurisdiction over matter in another state. In Ndaeyo v. Ogunnaya, the supreme court held that a courts jurisdiction is limited to cause of action arising within it's territory.

2). Financial Jurisdiction 

It's the power of a court to hear cases based on the monetary value of the subject matter or the amount claimed by the plaintiff. It's also known as pecuniary jurisdiction. For example, the prescribed financial limit of action that all magistrate courts in Lagos can entertain is #10,000,000.(Ten million naira). If a claim is for a sum of money above ten million naira the court does not have jurisdiction to preside over the matter.

3). Substantive jurisdiction 

This refers to the legal authority of a court to adjudicate on the subject matter of a case, as granted by the constitution or an enabling statute. In Tukur v. Government of Gongola state, the supreme court held that: A court is only competent to adjudicate when the subject matter of the case is within it's jurisdiction, and there is no feature in the case which prevent the court from exercising it's jurisdiction.  For example, the national industrial court handles only labour and employment matters while federal high court has jurisdiction over federal causes such as taxation, maritime, company matter as stipulated by section 251 of the constitution.

4). Original jurisdiction 

This is the power of a court to hear a case at first instance, before any appeal. For example a federal district court hearing a bank robbery case.

5). Appellate Jurisdiction 

This refers to a power of a court to review and revise the decision of lower court. It reviews the legal procedures and rulings of the trial court to ensure the law was applied correctly.

6). Personal Jurisdiction

This refers to courts power over the people or entities involved in the lawsuit(the defendant). The court must be able to bind the parties with it's judgment. This requires that the defendant has some connection to the state where the court sits, such being a resident of the state, being physically present and served with a lawsuit in the state.

7). Exclusive jurisdiction 

This means where only a particular court can hear and determine certain matters. For instance, the federal high court has exclusive jurisdiction over matters listed under section 251 of the 1999 constitution, such as revenue, banking and maritime issues.

8). Concurrent Jurisdiction 

This exist where two or more courts can hear the same matter. For instance, both the state high court and federal high court may have concurrent jurisdiction in fundamental rights enforcement ( depending on the party involved) see the case of Jack V. University of Agriculture Makurdi ( 2004) 5NWLR ( pt.865) 208

CONCLUSION

Jurisdiction is the foundation upon which the entire Nigeria judicial system rests. It determines the competence of courts and gives legitimacy to their actions. Any judgment given without jurisdiction however well reasoned, is void and unenforceable. As reaffirmed in MADUKOLUM V. NKEMDILIM and subsequent decisions, jurisdiction is not a matter of technicality but of substance. It is the soul of adjudication, the key to judicial validity, and the guardian of the rule of law in Nigeria