LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Challenge to Jurisdiction — Duty to Resolve First
PRINCIPLE STATEMENT
When an objection to jurisdiction is raised, it must be resolved first before proceeding to hear the case on the merits.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in cAfro-Continental (Nigeria) Limited v. Co-operative Association of Professionals Inc. (2003) NLC-771995(SC) at p. 8; Paras D–E.
"When an objection to jurisdiction is raised it ought to be resolved first."
EXPLANATION / SCOPE
Jurisdictional objections are threshold issues. The court must resolve them before proceeding. The principle applies to all courts. The rule prevents wasting time on a case without jurisdiction. The court may determine jurisdiction on preliminary objection. The principle is fundamental.