JURISDICTION — Raising Issue of Jurisdiction — When It Can Be Raised
Principle Statement
The issue of jurisdiction can be raised for the first time in any court and at any stage of the proceedings and in the Supreme Court for the first time.
Ratio Decidendi (Source)
Per Rhodes-Vivour, JSC, in Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC) at p. 10; Paras A–B.
"The issue of jurisdiction can be raised for the first time in any court and at any stage of the proceedings and in the Supreme Court for the first time."
Explanation / Scope
This principle establishes that jurisdiction can be raised at any stage, including for the first time in the Supreme Court. The principle applies where jurisdiction is challenged. It ensures that jurisdiction can always be questioned. The principle reflects the fundamental nature of jurisdiction. It prevents courts from acting without jurisdiction. The court must consider jurisdictional challenges whenever raised. The principle provides guidance on when jurisdiction can be raised.
