LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Court of Appeal Must Consider Jurisdictional Objection Notwithstanding Procedural Irregularity
PRINCIPLE STATEMENT
The issue of jurisdiction is a threshold issue that can be raised at any stage, even for the first time on appeal, without leave. The Court of Appeal must consider a jurisdictional objection even if raised without proper procedural compliance.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Elugbe v. Omokhafe & Ors (2004) NLC-2852001(SC) at p. 12; Paras C–E.
"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 any state of the proceedings and even for the first time on appeal. See Adesanya v. President (1981) 2 NCLR 358 and FRN v. Ifegwu (2003) 15 NWLR (Pt.842) 113. In Gaji v. Paye (2003) 8NWLR (Pt.823) 583 at 599 this court observed: 'The general principle is that when a party seeks to file and argue in this court any fresh issue not canvassed in the lower courts whether that issue pertains to land or otherwise, leave to file and argue the issue must be had and obtained first. But where the point or issue sought to be raised relates to the issue of jurisdiction, the point or issue can properly be filed and argued with or without the leave of the court even if it is being raised for the first time.'"
EXPLANATION / SCOPE
Jurisdiction can be raised at any time without leave. The principle applies to civil procedure. Procedural irregularities do not bar consideration. The rule ensures that jurisdictional defects are corrected. The court must always examine its jurisdiction. The principle is fundamental.