LEGAL PRINCIPLE: JURISDICTION – Effect of Proceedings Conducted Without Jurisdiction – Transfer of Suit to Court with Jurisdiction – Proper Course is to Strike Out
PRINCIPLE STATEMENT
The proceedings before the Lagos High Court having been set aside as a nullity, the order by the court below (Court of Appeal) transferring the matter to the Federal High Court would be a nullity and it is so declared.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC) at p. 1; Paras E–F.
"The proceedings before the Lagos High Court having been set aside as a nullity, the order by the court below (Court of Appeal) transferring the matter to the Federal High Court would be a nullity and it is so declared."
EXPLANATION / SCOPE
When proceedings are declared a nullity for lack of jurisdiction, any subsequent order transferring the matter is also a nullity. A void proceeding cannot be validated by transfer. The nullity infects all orders derived from it. The proper course is to strike out the suit, leaving the parties to commence afresh in the correct court. Transferring would imply that the original proceedings had some legal foundation—which they do not. The court must declare the transfer order a nullity. This principle ensures that jurisdictional defects are not circumvented by procedural manoeuvres. A nullity cannot be transformed into a valid proceeding by any court order.