Legal Principles – Nigerian LawCompass

Constitutional Law Important

CONSTITUTIONAL LAW — Jurisdiction of Court of Appeal — Original Jurisdiction Under Section 239(1) Limited to Specified Matters

"The original jurisdiction of the Court of Appeal under S.239(1) of 1999 Constitution is very clear. All other grievances outside that provision can only be justiciable in other courts recognised...

Criminal Procedure Important

CRIMINAL PROCEDURE — Jurisdiction — Distinction Between Lack of Jurisdiction and Irregular Exercise of Jurisdiction

"A court is said to be of competent jurisdiction with regard to a suit or other proceeding when it has power to hear or determine it or exercise any judicial...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Issue of Jurisdiction Can Be Raised for the First Time on Appeal

"Indeed, it is settled law that the issue of jurisdiction could be raised at any stage of the proceedings up to the Supreme Court. See: FRN v. Ifegwu (2003) 15...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Issue of Jurisdiction Can Be Raised at Any Stage of Proceedings

"I think that it is necessary to reiterate here that the question of absence of jurisdiction in a court to hear a matter is a threshold issue and of the...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Determination of Ouster of Jurisdiction Under Decree No. 13 of 1984 Requires Evidence at Trial

"Until evidence is led and the registered declaration pleaded by the 4th defendant/appellant is tendered before the court, the question whether or not the provisions of section 1(2)(b)(i) ousted the...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Court of Appeal Must Consider Jurisdictional Objection Notwithstanding Procedural Irregularity

"The issue of the jurisdiction of a court to entertain a matter is very important in all forms of litigation. It is a threshold issue. It can be raised at...

Jurisdiction Important

JURISDICTION — Jurisdiction of Court — Jurisdictional Challenge as a Threshold Issue — Duty to Determine Competence First

"It is now settled law that the jurisdiction of a court to adjudicate on a matter is a threshold issue. Consequently, without the necessary jurisdiction a court cannot make any...

Appellate Practice Important

APPELLATE PRACTICE — Jurisdiction of Court of Appeal from Customary Court of Appeal — Requirement that Appeal Raise a Question of Customary Law

"Accordingly an appeal to Court of Appeal from the decision of the customary Court of Appeal must be limited to a complaint with respect to a question of customary law...

Jurisdiction Important

JURISDICTION — Determination of Jurisdiction — Determined by Plaintiff’s Claim

"It is trite law that jurisdiction is determined by the claim before the court."

Jurisdiction Important

JURISDICTION — Effect of Loss of Jurisdiction — Court Lacking Jurisdiction at Time of Institution Cannot Entertain Action

"Thus when a court is denied jurisdiction at the time a cause of action arose, it cannot assume jurisdiction when action is instituted later in respect of the subject-matter even...

Jurisdiction Important

JURISDICTION — Determination of Jurisdiction — Time for Determining Jurisdiction of Court

"The relevant law applicable in respect of a cause of action is the law in force at the time the cause of action arose whereas the jurisdiction of the court...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Orders Intrinsic to Substantive Suit Distinguished from Orders Extrinsic to Substantive Suit

"There are orders, which are intrinsic to the substantive suit such that a decision that a court has no jurisdiction necessarily and without further ado impairs such orders. On the...