LEGAL PRINCIPLE: APPELLATE PRACTICE — Jurisdiction — Raising Issue of Jurisdiction at Any Stage
PRINCIPLE STATEMENT
The issue of jurisdiction can be raised at any stage of the proceedings, even on appeal, because it is fundamental to adjudication.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Eze v. A.G., Rivers State (2001) NLC-841995(SC) at p. 32; Paras C–D.
"The application to raise and argue the issue of the jurisdiction of a trial Court and of the Competence of the other Party has been accepted at any stage of the proceedings and even on appeal. This is because this issue is fundamental to adjudication."
EXPLANATION / SCOPE
Jurisdiction is fundamental and can be raised at any stage—in the trial court, on appeal, or even for the first time in the Supreme Court. No procedural bar prevents challenging jurisdiction. The court may also raise jurisdiction suo motu. The principle reflects that without jurisdiction, the court has no authority to act; any proceedings are a nullity. The opposing party cannot waive jurisdiction or be estopped from raising it. The only limitation is that when raised suo motu, parties must be given a hearing. The rule overrides technical rules about timing of objections. Jurisdictional defects can never be cured by acquiescence.
