CIVIL PROCEDURE — Jurisdiction — Conditions for Competence of Court — Non-Payment of Filing Fees as Condition Precedent
Ratio Decidendi
Per Onnoghen, JSC, in Enyibros Foods Processing Company Ltd & Anor v. Nigerian Deposit Insurance Corporation & Anor (2007) NLC-123-271-2001(SC) at p. 16; Paras C–D:
"Where a complaint in any ground of appeal is about failure to observe due process and non-fulfilment of any condition precedent to the exercise of jurisdiction, such as payment of filing fees… clearly, to my mind raise issues of jurisdiction of the court to entertain the matter for non fulfilment of conditions precedent."
Explanation / Scope
Non-payment of filing fees raises an issue of jurisdiction, as payment of such fees is a condition precedent to the court’s competence to entertain the matter. Failure to comply with this condition renders the proceedings incompetent. Jurisdiction is fundamental, and any complaint about non-fulfilment of conditions precedent goes to the root of the court’s power to hear the case.