LEGAL PRINCIPLE: JURISDICTION – Waiver – Fundamental Jurisdictional Defect Cannot Be Waived
PRINCIPLE STATEMENT
Whilst a simple irregularity may be waived, an irregularity that renders proceedings manifestly incompetent, invalid, incurably defective, and null and void, thereby affecting jurisdiction, may not be waived because acquiescence cannot confer jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ejike v. Ifeadi (1998) NLC-2741991(SC) at pp. 17–18; Paras C–D.
"Whilst a simple irregularity in the course of proceedings that are competent and within the jurisdiction of a trial court may be waived by a party to a suit. An irregularity which renders proceedings manifestly incompetent, invalid, incurably defective and null and void, thereby affecting the jurisdiction of the court may not be waived. The simple reason for this is that acquiescence cannot confer jurisdiction."
EXPLANATION / SCOPE
Fundamental jurisdictional defects cannot be waived by consent or acquiescence. The court must raise the issue suo motu. The principle applies to all proceedings. A nullity remains a nullity regardless of the parties’ conduct. The rule protects the integrity of the judicial system. The court cannot acquire jurisdiction by waiver.