LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction – Raising Jurisdiction – Preliminary Objection as Mode of Raising Jurisdictional Challenge
PRINCIPLE STATEMENT
In any case where the challenge to the decision of the court is founded on lack of jurisdiction, the court is bound to consider such challenge which goes to the root of the matter showing that the court has acted without jurisdiction. A party to a litigation cannot be shut out and the court precluded from entertaining a matter on 'technical ground' particularly where the issue of jurisdiction is concerned.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Galadima v. Tambai & Ors (2000) NLC-2171994(SC) at p. 16; Paras B–C.
"In any case where the challenge to the decision of the court is founded on lack of jurisdiction, the court is bound to consider such challenge which goes to the root of the matter showing that the court has acted without jurisdiction. A party to a litigation cannot be shut out and the court precluded from entertaining a matter on 'technical ground' particularly where the issue of jurisdiction is concerned."
EXPLANATION / SCOPE
Jurisdictional challenges must be considered when raised, as they go to the root of adjudicative authority. No technical ground—such as improper form of objection or delay in raising—can preclude the court from addressing jurisdiction. Courts have a duty to examine jurisdiction whenever questioned. Preliminary objections are a proper vehicle for jurisdictional challenges. The overriding principle is that jurisdictional defects vitiate all subsequent proceedings, making technical objections to the manner of challenge subordinate to the fundamental importance of jurisdictional integrity.