CONSTITUTIONAL LAW — Jurisdiction — Constitution as Donor of Jurisdiction — Inherent Jurisdiction Cannot Fill Gap
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Umaru & Anor v. Aliyu & Ors (2011) NLC-123-259-2010(SC) at p. 9; Paras C—D:
"It is agreed that the constitution is the donor of the required jurisdiction. Once the constitution, a grundnorm, did not confer jurisdiction on a court, that court cannot fall back on its inherent jurisdiction to assume power to do something which the constitution did not specifically allow it to do."
Explanation / Scope
This principle establishes that the Constitution is the donor of jurisdiction, and where it does not confer jurisdiction, a court cannot rely on inherent jurisdiction to assume power not specifically allowed. The principle applies in jurisdictional matters. It ensures that courts act within constitutional limits. The principle reflects the supremacy of the Constitution. It prevents reliance on inherent jurisdiction to fill gaps. The court must adhere to the Constitution. The principle provides guidance on jurisdiction.