LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Issue of Jurisdiction Can Be Raised at Any Stage of Proceedings
PRINCIPLE STATEMENT
The question of absence of jurisdiction is a threshold issue of the greatest importance. It must be looked into first or at the earliest opportunity. Any court proceedings conducted without jurisdiction will be a nullity, no matter how well conducted.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Elugbe v. Omokhafe & Ors (2004) NLC-2852001(SC) at p. 4; Paras A–E.
"I think that it is necessary to reiterate here that the question of absence of jurisdiction in a court to hear a matter is a threshold issue and of the greatest importance in all litigations. It must therefore be looked into first or at the earliest opportunity offered depending on the particular proceeding. The reason is obvious. Any court proceedings, no matter how well conducted, without jurisdiction, will be a nullity. See Ayman Ent. Ltd. v. Akuma Ind. Ltd. (2003) 13 NWLR (Pt. 836) 22; Alao v. C.O.P. (1987) 4 NWLR (Pt. 64) 199; Oredoyin v. Arowolo (1989)4 NWLR (Pt. 114) 172. Where therefore the issue of jurisdiction is raised, the court has a duty to consider it timeously before taking any further step in the matter. See State v. Onagoruwa (1992) 2 NWLR (Pt. 221) 33; Okafor v .A.-G., Anambra State (1991) 6 NWLR (pt. 200) 659."
EXPLANATION / SCOPE
Jurisdiction is a threshold issue. The principle applies to all courts. It must be resolved at the earliest opportunity. The rule ensures that nullities are avoided. The court has a duty to consider jurisdiction timeously. The principle is fundamental.
