LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Issue of Jurisdiction Can Be Raised for the First Time on Appeal
PRINCIPLE STATEMENT
The issue of jurisdiction can be raised at any stage of the proceedings up to the Supreme Court. When successfully raised, the suit is terminated by a striking out order, which brings the proceedings to an end unless an appellate court rules otherwise.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Elugbe v. Omokhafe & Ors (2004) NLC-2852001(SC) at p. 5; Paras A–B.
"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 NWLR (Pt. 842) 113; Pan-Asian Co. Ltd. v. NICON (1982) 9 S.C. 1; Tukur v. Govt. of Gongola State (1989) 4 NWLR (Pt. 117) 592. When it is successfully raised the suit is terminated by a striking out order. An order striking out a case effectively brings the proceedings to an end unless and until an appellate court rules otherwise."
EXPLANATION / SCOPE
Jurisdiction can be raised at any stage, even for the first time on appeal. The principle applies to all courts. Successful challenge results in striking out. The rule ensures that jurisdictional defects are not overlooked. The order striking out terminates the proceedings. The principle is fundamental.