LEGAL PRINCIPLE: JURISDICTION – Competence of Court – Conditions for Court’s Competence and Effect of Defect
PRINCIPLE STATEMENT
A court is competent when: (1) properly constituted; (2) the subject matter is within its jurisdiction; and (3) the case is initiated by due process with fulfillment of conditions precedent. Any defect in competence is fatal, rendering proceedings a nullity.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ejike v. Ifeadi (1998) NLC-2741991(SC) at pp. 7–8; Paras D–A.
"A court is competent when: (1) It is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another; and (2) the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the court from exercising its jurisdiction; and (3) the case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. Any defect in competence is fatal, for the proceedings are a nullity however well conducted and decided: the defect is extrinsic to the adjudication."
EXPLANATION / SCOPE
Competence requires three conditions: proper constitution, subject matter jurisdiction, and due process initiation. Any defect is fatal. The principle is fundamental to court proceedings. A nullity cannot be cured by consent. The court will strike out proceedings that are incompetent. The rule applies to all courts. The defect is extrinsic to the adjudication.