LEGAL PRINCIPLE: CIVIL PROCEDURE – Limitation of Actions – Statute-Barred Action – Effect on Court’s Jurisdiction
PRINCIPLE STATEMENT
A court is said to be competent to adjudicate upon an action when — (1) It is properly constituted as regards numbers and qualifications of the members of the bench and no member is disqualified for one reason or the other; (ii) the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the court from exercising its jurisdiction and (iii) the case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. Any defect in the competence of the court is fatal and the proceedings are a nullity as such defect is extrinsic to the adjudication.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Araka v. Ejeagwu (2000) NLC-511999(SC) at pp. 18–19; Paras E–A.
"A court is said to be competent to adjudicate upon an action when — (1) It is properly constituted as regards numbers and qualifications of the members of the bench and no member is disqualified for one reason or the other; (ii) the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the court from exercising its jurisdiction and (iii) the case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. Any defect in the competence of the court is fatal and the proceedings are a nullity as such defect is extrinsic to the adjudication."
EXPLANATION / SCOPE
A court’s competence rests on three pillars: proper constitution, subject matter jurisdiction, and due process initiation including satisfaction of conditions precedent. A statute-barred action fails the third pillar—the condition precedent of filing within limitation period is not met. Consequently, the court lacks competence to hear it, and any proceedings are a nullity. Limitation is not merely a defence; it goes to jurisdiction. Defects in competence are extrinsic, meaning the court cannot cure them. This reinforces the fundamental nature of limitation periods as jurisdictional thresholds.