LEGAL PRINCIPLE: JURISDICTION – Challenge to Jurisdiction – Procedural Jurisdiction Can Be Waived but Substantive Jurisdiction Cannot
PRINCIPLE STATEMENT
Jurisdiction challenged on procedural law can be waived, but jurisdiction challenged as a matter of substantive law cannot be waived.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Bank of Ireland v. Union Bank of Nigeria Ltd. (1998) NLC-691994(SC) at p. 12; Paras C–D.
"Even though the decision would depend on whether or not the jurisdiction being challenged is purely on procedural law or as a matter of substantive law. The former can be waived but not the latter."
EXPLANATION / SCOPE
Substantive jurisdiction (subject matter) cannot be waived; procedural irregularities can. The distinction is crucial. The court must always examine its substantive jurisdiction. The principle applies to all proceedings. Parties cannot confer substantive jurisdiction by consent. The court may raise substantive jurisdiction suo motu.