PRINCIPLE STATEMENT

It is the plaintiff's claim that determines the issue of jurisdiction.

RATIO DECIDENDI (SOURCE)

Per Karibi-Whyte, JSC, in Magaji v. Matari (2000) NLC-1361994(SC) at p. 15; Paras. A–B.
"It is the Plaintiff's claim that determines the issue of jurisdiction. — See Tukur v. Government of Gongola State (1989) 4 NWLR. (pt. 117) 517."
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EXPLANATION / SCOPE

This restates fundamental jurisdictional principle. Jurisdiction is determined by: plaintiff’s claim as framed, relief sought, and cause of action pleaded—not defendant’s defense, actual facts as developed, or how case ultimately resolves. “Plaintiff’s claim determines” means: court examines what plaintiff claims, relief plaintiff seeks, and nature of action as pleaded—these establish whether court has jurisdiction. This serves: providing certainty at commencement, enabling jurisdictional assessment from pleadings, and preventing jurisdictional shifts based on defenses or evidence. Courts assess jurisdiction by: reading plaintiff’s claim, identifying relief sought, determining if subject matter falls within court’s jurisdiction, and making threshold determination before trial. Importance: Defendant cannot: confer jurisdiction by admission, create jurisdiction through defense, or expand jurisdiction beyond plaintiff’s claim. Similarly, defendant cannot: defeat jurisdiction by denial (if plaintiff’s claim jurisdictional), or change nature of action through counterclaim. The plaintiff’s framing controls jurisdictional assessment. However: If plaintiff mislabels claim to invoke jurisdiction where none exists (disguising true nature), courts may: look beyond labels to substance, determine actual nature of claim, and decline jurisdiction if claim actually falls outside. But starting point is always: plaintiff’s claim as pleaded determines jurisdictional question. This principle makes plaintiff’s pleading crucial for jurisdiction.

CASES APPLYING THIS PRINCIPLE