JURISDICTION – Primacy of Jurisdiction as a Preliminary Issue – Fundamental Nature of Jurisdictional Questions
Ratio Decidendi
Per Karibi-Whyte, JSC, in Matari & Ors v. Dangaladima & Anor (1993) NLC-2671990(SC) at p. 6; Paras F--G::
"It is of the utmost importance, in the administration of justice that where the jurisdiction of the court is raised and is in issue, to dispose of that issue. Jurisdiction is a radical and fundamental prerequisite for adjudication."
Explanation / Scope
This principle establishes the procedural priority of jurisdictional questions over all other issues in litigation. Courts must address and resolve jurisdiction before proceeding to merits, as adjudication without jurisdiction is null and void from inception. The principle prevents waste of judicial resources on matters the court cannot validly determine and protects parties from having judgments that are subsequently discovered to be void. Jurisdictional challenges cannot be deferred pending resolution of other issues, as the very authority to resolve those issues depends on jurisdiction. This mandatory preliminary treatment applies to all forms of jurisdiction (subject-matter, territorial, pecuniary) and ensures that the foundational question of court authority is definitively answered before substantive adjudication begins.