JURISDICTION ā Effect of Absence of Jurisdiction ā Nullity of Proceedings
Principle Statement
Once an act is without jurisdiction as in the instant case, the proceedings, and the decision therein, are void, no matter how well conducted.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 20; Paras CāD.
"Once an act is without jurisdiction as in the instant case, the proceedings, and the decision therein, are void, no matter how well conducted."
Explanation / Scope
This principle establishes that proceedings and decisions without jurisdiction are void, no matter how well conducted. The principle applies where jurisdiction is lacking. 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 void. The principle provides guidance on the effect of absence of jurisdiction.
