LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Source of Jurisdiction — Statute Not Rules of Court
PRINCIPLE STATEMENT
It is not the rules of court that vest jurisdiction in the court but rather the statute creating that court.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Dalhatu v. Turaki & Ors (2003) NLC-312003(SC) at p. 12; Paras B–C.
"It is not the rules of court that vest jurisdiction in the court but rather the statute creating that court."
EXPLANATION / SCOPE
Jurisdiction is derived from statute, not rules of court. The principle applies to all courts. Rules of court regulate procedure, not jurisdiction. The rule is fundamental. The court cannot confer jurisdiction on itself by rules. The principle is well-established.