LEGAL PRINCIPLE: JURISDICTION — Determination of Jurisdiction — Time for Determining Jurisdiction of Court
PRINCIPLE STATEMENT
The relevant law for determining jurisdiction of a court is the law in force at the time the action was instituted and heard, not the law at the time the cause of action arose.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adah v. NYSC (2004) NLC-1962000(SC) at pp. 3–4; Paras E–B.
"The relevant law applicable in respect of a cause of action is the law in force at the time the cause of action arose whereas the jurisdiction of the court to entertain an action is determined upon the state of the law conferring jurisdiction at the point in time the action was instituted and heard: see Utih v. Onoyivwe (1991) 1 NWLR (Pt. 166) 166 at 201 per Bello CJN. The jurisdictions of courts in this country are conferred upon them by the Constitution or by statutes as may be permitted by the Constitution: see Osadebay v. Attorney-General Bendel State (1991) 1 NWLR (Pt. 169) 525."
EXPLANATION / SCOPE
Jurisdiction is determined by the law at the time of institution, not at the time the cause of action arose. The principle applies to civil procedure. The rule ensures clarity. The court examines the law when the action was filed. The principle is well-established.
