Ratio Decidendi

Per Adekeye, JSC, in Okonkwo & Ors v. Okonkwo & Ors (2010) NLC-123-296-2003(SC) at p. 12, paras. A–D:

"A court is competent to exercise jurisdiction in respect of the matter before it 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 the other. (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 by due process of law upon fulfillment of any condition precedent to the exercise of jurisdiction."
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Explanation / Scope

This principle establishes the three conditions for a court’s competence: proper constitution, subject-matter jurisdiction, and due process with fulfillment of conditions precedent. The principle applies where jurisdiction is challenged. It ensures that courts only act when competent. The principle reflects the Madukolu v. Nkemdilim principles. It prevents courts from acting without jurisdiction. The court must ensure all conditions are met. The principle provides guidance on the requirements for court competence.

Cases Applying This Principle

Peter Okonkwo & Ors v. Bernard Okonkwo & Ors