CIVIL PROCEDURE — Jurisdiction — Condition Precedent to Exercise of Jurisdiction — Three-Part Test for Court Competence
Ratio Decidendi
Per Ogbuagu, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at pp. 17–18; Paras B–C:
"The law is indeed trite that a Court of law is only competent to exercise jurisdiction in respect of any matter where- 1. it is properly constituted as regards numbers and qualification of the members and no member is disqualified for one reason or the other. 2. 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. 3. The case comes by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction."
Explanation / Scope
This principle establishes the three-part test for court competence: proper constitution, subject-matter jurisdiction, and due process initiation with fulfillment of conditions precedent. All three must be satisfied. The principle applies where jurisdiction is challenged. It ensures courts only act when competent. The principle reflects the fundamental requirements for valid adjudication. It prevents courts from acting without jurisdiction. The court must ensure all conditions are met. The principle provides guidance on court competence.