LEGAL PRINCIPLE: JURISDICTION – Competence of Court – Nullity of Proceedings Where Court is Improperly Constituted
PRINCIPLE STATEMENT
Where a court is not properly constituted having regard to constitutional requirements, all proceedings in the hearing and determination of matters before it are a nullity.
RATIO DECIDENDI (SOURCE)
"It is clear from the record before us that the High Court of Kwara State was not properly constituted having regard to section 238 of the Constitution and its proceedings in the hearing and determination of the defendant's appeal to it are, therefore, a nullity."
EXPLANATION / SCOPE
This principle establishes that proper constitution of a court is a fundamental jurisdictional requirement. Section 238 of the Constitution (and similar constitutional provisions) prescribes how courts must be composed—for example, the required number of judges for appellate panels. A court improperly constituted lacks the basic authority to exercise judicial power, regardless of the substantive merits of its decisions. The defect is not a mere procedural irregularity but strikes at the root of judicial authority. All proceedings, orders, and judgments of an improperly constituted court are void ab initio and of no legal effect. This principle cannot be waived by parties’ consent or acquiescence, as constitutional requirements for court composition are mandatory and in the public interest. The nullity extends to all aspects of the proceedings—no part can be salvaged or validated. Parties affected by decisions of improperly constituted courts may raise this defect at any stage, even collaterally, and are entitled to have the matter reheard by a properly constituted court.