LEGAL PRINCIPLE: JURISDICTION — Lack of Jurisdiction — Effect on Proceedings — Proper Order to Make
PRINCIPLE STATEMENT
If a court has no jurisdiction, all its proceedings are a nullity and any decision is void ab initio. The court should strike out the matter.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Lakanmi v. Adene & Ors (2003) NLC-251999(SC) at p. 4; Paras A–C.
Lack of jurisdiction nullifies all proceedings. The principle applies to all courts. The proper order is striking out. The rule is fundamental. The court cannot cure lack of jurisdiction. The principle is well-established.
EXPLANATION / SCOPE
“If a court is shown to have no jurisdiction to entertain a matter before it, the result will be that all its proceedings on the matter, however well conducted, are a nullity and any decision reached thereon by the court is void ab initio and of no effect whatsoever. Where however a court is satisfied that it has no jurisdiction to try a matter, for any reason whatsoever, the matter should there and then be struck out.”