JURISDICTION — Competence of Court — Conditions Precedent to Exercise of Jurisdiction
Principle Statement
A court is competent only when:- (a) It is properly constituted as regards numbers and qualification of the members of the bench, and no member is disqualified for one reason or another. (b) The subject-matter of the case is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction and (c) The case comes before the court initiated by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction. The appeal under consideration is incompetent as the appellant has failed to fulfill the conditions precedent to enable the court below to exercise its jurisdiction to hear the appeal.
Ratio Decidendi (Source)
Per Adekeye, JSC, in Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC) at p. 8; Paras B–C.
"A court is competent only when:- (a) It is properly constituted as regards numbers and qualification of the members of the bench, and no member is disqualified for one reason or another. (b) The subject-matter of the case is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction and (c) The case comes before the court initiated by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction. The appeal under consideration is incompetent as the appellant has failed to fulfill the conditions precedent to enable the court below to exercise its jurisdiction to hear the appeal."
Explanation / Scope
This principle establishes the three conditions for court competence: proper constitution, subject-matter jurisdiction, and due process initiation including fulfillment of conditions precedent. Failure to fulfill conditions precedent renders the court incompetent. The principle applies where jurisdiction is challenged. It ensures that courts only exercise jurisdiction when competent. The principle reflects the requirements for valid adjudication. It prevents courts from acting without jurisdiction. The court must ensure compliance. The principle provides guidance on the conditions for court competence.
