CIVIL PROCEDURE — Jurisdiction — Exercise Without Competence — Effect on Proceedings
Ratio Decidendi
Per ADEKEYE, J.S.C., in Cotecna Int'l Ltd v. Churchgate Nig Ltd (2010) NLC-123-181-2004(SC) at p. 32; Paras D–E:
"Furthermore, where a court purports to exercise jurisdiction which it does not have the proceedings before it and its judgment will amount to a nullity no matter how well decided."
Explanation / Scope
This principle establishes that proceedings and judgment where the court lacks jurisdiction are a nullity, no matter how well decided. The principle applies where jurisdiction is challenged. It ensures that courts do not act without jurisdiction. The principle reflects that jurisdiction is fundamental. It prevents validation of void proceedings. The court must declare proceedings null. The principle provides guidance on the effect of exercising jurisdiction without competence.