JURISDICTION — Condition Precedent — Three-Part Test for Court Competence
Principle Statement
A court is only competent to exercise jurisdiction in respect of any matter where - (a) it is properly constituted as regards numbers and qualification of the members of the bench and no member is disqualified for one reason or the other. (b) 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 (c) the case comes by due process of law and upon fulfillment of any condition precedent to the exercise of Jurisdiction.
Ratio Decidendi (Source)
Per Adekeye, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 52; Paras B–C.
"A court is only competent to exercise jurisdiction in respect of any matter where - (a) it is properly constituted as regards numbers and qualification of the members of the bench and no member is disqualified for one reason or the other. (b) 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 (c) the case comes by due process of law and upon fulfillment of any condition precedent to the exercise of Jurisdiction."
Explanation / Scope
This principle establishes the three-part test for court competence: proper constitution, subject-matter jurisdiction, and due process with conditions precedent. All three must be satisfied. The principle applies where jurisdiction is challenged. It ensures courts only act when competent. The principle reflects the fundamental requirements for valid adjudication. It prevents courts from acting without jurisdiction. The court must ensure all conditions are met. The principle provides guidance on court competence.
