LEGAL PRINCIPLE: JURISDICTION — Jurisdiction of Court — Determined by Law at Time Cause of Action Arose
PRINCIPLE STATEMENT
The jurisdiction of a court is determined by the existing law at the time the cause of action in dispute arose, not by the existing law at the time the court's jurisdiction is invoked.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in The Governor of Oyo State v. Oba Ololade Folayan (1995) NLC-2561989(SC) at pp. 10–11; Paras. D–A.
"The jurisdiction of a court is determined by the existing law at the time the cause of action in dispute arose, and not by the existing law at the time the court's jurisdiction is invoked. Whatever cause of action the plaintiff might have in respect of the Ademola Commission arose when the Commission submitted its report in 1977. It is, therefore, the 1963 Constitution that would determine whether or not the court had jurisdiction."
EXPLANATION / SCOPE
Jurisdiction is determined at the time the cause of action arose. Subsequent changes in law do not affect jurisdiction. The principle applies to all proceedings. The court must examine the law at the relevant time. The rule prevents retroactive ouster or conferral of jurisdiction. The party cannot rely on later changes. The principle promotes certainty. The court will apply the law as it existed when the cause of action arose.
