LEGAL PRINCIPLE: JURISDICTION — Raising Issue of Jurisdiction — At Any Time
PRINCIPLE STATEMENT
The issue of jurisdiction can be raised at any time without leave of court. It can be taken even on appeal and before judgment. The court can raise it suo motu but cannot resolve it without hearing the parties.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Awuse v. Odili & Ors (2003) NLC-2052003(SC) at p. 35; Paras A–C.
"The issue of jurisdiction could be raised or taken at anytime without leave of court. Jurisdiction, being a threshold issue, can be taken at anytime, even on appeal and in this court before judgment. As a matter of law, it could be raised immediately before judgment. And if it is so raised, the court must stop delivering the judgment until the issue of jurisdiction is cleared. Again, as a matter of law, jurisdiction is one issue the court can raise suo motu although it cannot resolve it suo motu."
EXPLANATION / SCOPE
Jurisdiction can be raised at any stage. The principle applies to all courts. No leave is required. The rule is fundamental. The court may raise jurisdiction suo motu but must hear parties before resolving it. The principle is well-established.