Principle Statement

As firmly settled, where issue of a court's jurisdiction is raised in any proceedings and at any stage, it must be taken first, immediately, promptly or expeditiously.

Ratio Decidendi (Source)

Per Ogbuagu, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 18; Paras A–B.

"As firmly settled, where issue of a court's jurisdiction is raised in any proceedings and at any stage, it must be taken first, immediately, promptly or expeditiously."

Explanation / Scope

This principle establishes that jurisdictional issues must be taken first, immediately, promptly, or expeditiously whenever raised. Jurisdiction is fundamental and must be resolved before any other matter. The principle applies where jurisdiction is challenged at any stage. It ensures that courts do not proceed without jurisdiction. The principle reflects that jurisdiction is a threshold issue. It prevents courts from wasting time on matters where jurisdiction is lacking. The court must resolve jurisdiction first. The principle provides guidance on the priority of jurisdictional issues.

Cases Applying This Principle