CIVIL PROCEDURE — Jurisdiction — Objection to Jurisdiction — When May Be Raised
Ratio Decidendi
Per Ogbuagu, JSC, in Nasir v. Civil Service Commission Kano State & Anor (2010) NLC-123-144-2003(SC) at p. 17; Paras D–E:
"It is now firmly settled that issue of jurisdiction or competence of a court to entertain or deal with a matter before it, is very fundamental. It is a point of law and therefore, a Rule of court, cannot dictate when and how, such point of law can be raised. Being fundamental and a threshold issue of jurisdiction, it can be raised at any stage of the proceedings in any court including this court. An Appellate court can even raise it suo motu."
Explanation / Scope
This principle establishes that jurisdiction is a fundamental threshold issue that can be raised at any stage of proceedings, including on appeal. It is a point of law, so rules of court cannot dictate when it can be raised. An appellate court can even raise it suo motu (on its own motion). The principle applies in all proceedings. It ensures that courts do not exercise jurisdiction they lack. The principle reflects the fundamental nature of jurisdiction. It prevents parties from waiving jurisdictional objections. The court must always be satisfied it has jurisdiction. The principle provides guidance on the importance of jurisdiction.