LEGAL PRINCIPLE: JURISDICTION – Proceedings without Jurisdiction – Nullity and Legal Consequences
PRINCIPLE STATEMENT
Where a cause or matter is heard and ruling or judgment is delivered without jurisdiction, the proceedings will be a nullity and can neither be used for any purpose whatsoever nor be treated as if it ever existed ab initio.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in International Bank for West Africa Ltd. & Anor v. Pavex International Company (Nigeria) Ltd. (2000) NLC-781994(SC) at p. 37; Paras A–B.
"Where a cause or matter is heard and ruling or judgment is delivered without jurisdiction, the proceedings will be a nullity and can neither be used for any purpose whatsoever nor be treated as if it ever existed ab initio."
EXPLANATION / SCOPE
Proceedings conducted without jurisdiction are a nullity—void from the beginning (ab initio). Such proceedings have no legal effect whatsoever; they cannot be relied upon for any purpose, cannot be validated by subsequent action, and must be treated as if they never occurred. This is because jurisdiction is foundational—without it, the court lacks authority to act. Any ruling, judgment, or order made without jurisdiction is a mere nullity, incapable of creating rights or obligations. Parties cannot acquiesce to confer jurisdiction where none exists.