LEGAL PRINCIPLE: JURISDICTION — Jurisdiction as Threshold Issue — Court’s Duty to Raise Issue of Jurisdiction Suo Motu
PRINCIPLE STATEMENT
Jurisdiction goes to the competence of the court. It can be raised at any stage by any party or by the court itself suo motu. When sufficient facts on the record establish want of jurisdiction, it is the duty of the Judge to raise it suo motu if parties fail to do so.
RATIO DECIDENDI (SOURCE)
Per Obaseki, JSC (as quoted by Ejiwunmi, JSC), in Olutola v. University of Ilorin (2004) NLC-2111999(SC) at pp. 6–7; Paras D–A.
"The issue of jurisdiction is very fundamental as it goes to the competence of the court or tribunal. If a court or tribunal is not competent to entertain a matter or claim or suit, it is a waste of valuable time for the court to embark on the hearing and determination of the suit, matter or claim. It is therefore an exhibition of wisdom to have the issue of jurisdiction or competence determined before embarking on the hearing and determination of the substantive matter. The issue of jurisdiction being a fundamental issue, it can be raised at any stage of the proceedings in the court of first instance or in the appeal courts. This issue can be raised by any of the parties or by the court itself suo motu. When there are sufficient facts ex facie on the record establishing a want of competence or jurisdiction in the court it is the duty of the Judge or Justices to raise the issue suo motu if the parties fail to draw the court's attention to it."
EXPLANATION / SCOPE
Jurisdiction is fundamental and can be raised at any stage, including suo motu by the court. The court has a duty to raise jurisdiction issues when facts on the record show want of jurisdiction. The principle applies to all courts and proceedings. The rule prevents waste of judicial time on incompetent matters. Parties’ failure to raise jurisdiction does not relieve the court of its duty.
