LEGAL PRINCIPLE: JURISDICTION — Effect of Loss of Jurisdiction — Court Lacking Jurisdiction at Time of Institution Cannot Entertain Action
PRINCIPLE STATEMENT
When a court is denied jurisdiction at the time a cause of action arose, it cannot assume jurisdiction when action is instituted later even if jurisdiction is restored. Similarly, if it loses jurisdiction at the time of institution, it cannot entertain the action.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adah v. NYSC (2004) NLC-1962000(SC) at p. 4; Paras A–C.
"Thus when a court is denied jurisdiction at the time a cause of action arose, it cannot assume jurisdiction when action is instituted later in respect of the subject-matter even if its jurisdiction to entertain similar matters is then restored: see Uwaifo v. Attorney-General Bendel State (supra). Similarly, when a court had jurisdiction over a subject-matter at the time of the cause of action but loses jurisdiction at the time action is instituted, it cannot entertain such action: see Mustapha v. Governor of Lagos State (1987) 2 NWLR (Pt.58) 539; Alao v. Akano (1988) 1 NWLR (Pt. 71) 431."
EXPLANATION / SCOPE
Jurisdiction is determined at the time of institution. Restored jurisdiction cannot revive a claim filed when jurisdiction was lacking. The principle applies to civil procedure. The rule ensures certainty. The court cannot assume jurisdiction retroactively. The principle is well-established.
