LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction – Raising Jurisdiction – Can Be Raised at Any Stage
PRINCIPLE STATEMENT
The issue of jurisdiction can be taken up in the Supreme Court, or before the Court of Appeal or the High Court at any stage of the proceedings, even for the first time on appeal. It can also be raised by the court suo motu. The fundamental nature of the issue of jurisdiction in court proceedings has been echoed in many decisions of this court.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Galadima v. Tambai & Ors (2000) NLC-2171994(SC) at pp. 13–14; Paras D–A.
"The issue of jurisdiction can be taken up in the Supreme Court, or before the Court of Appeal or the High Court at any stage of the proceedings, even for the first time on appeal. It can also be raised by the court suo motu. The fundamental nature of the issue of jurisdiction in court proceedings has been echoed in many decisions of this court."
EXPLANATION / SCOPE
Jurisdiction is fundamental and can be raised at any stage—before any court, including for the first time on appeal, or by the court suo motu. No procedural bar prevents challenging jurisdiction, regardless of prior acquiescence. This reflects that without jurisdiction, courts lack authority to act; any judgment is nullity. The principle overrides technical rules about timing of objections. However, when raised suo motu, parties must be heard before ruling. This ensures that jurisdictional defects are addressed whenever discovered, preserving the integrity of judicial process.