Jurisdiction (580)
Jurisdiction is the authority by which courts and judicial officers take cognizance of and decide cases. It is the legal right by which judges exercise their authority. Jurisdiction exist when court has cognizance of class of cases involved, proper parties are present and point to be decided is within powers of court. Black's Law Dictionary, Ninth Edition.
SPDC Ltd & 2 ors vs Agbara & 9 ors [2015] 12 M. J. S. C [Po 127] Paras. E-F
An issue of jurisdiction can be raised at any stage in the proceedings including on appeal but that does not mean that there are no rules governing the raising of an issue of jurisdiction or that it can be raised without regard to the Rules of Court crafted or designed to aid parties to obtain justice in the court of law.
Ozurumba Nsirim & Dr. Samuel W. Amai [2016]1 M. J. S. C (Pt. III) [P. 15] Paras. E-F
Jurisdiction is defined as the legal capacity of a court to hear and determine judicial proceedings. It is a power to adjudicate concerning the subject matter of the controversy.
Ozurumba Nsirim & Dr. Samuel W. Amai [2016]1 M. J. S. C (Pt. III) [Po 15] Paras. A-B
Submitting to jurisdiction of a court is no answer to want of jurisdiction. This must be so for a total want of jurisdiction cannot be cured by the assent of the parties. Ukwu v. Bunge [1997} 57 LRCN 1.
Oni vs Cadbury Nigeria Plc [2016] 1 M. J. S. C (Pt. II) [Po 111] Paras. E-F
Where there is absence of jurisdiction, the entire proceedings, trial, findings, orders and pronouncement of the court come to naught. Okoya v. Santilli (1990) 3 Sc (Pt. II) 1; Osafile v. Odi (1990) 5 SC (Pt. II) 1; Emeka v. Okadigbo (2012) 7 SC (Pt. 1) 1.
Oni vs Cadbury Nigeria Plc [2016] 1 M. J. S. C (Pt. II) [Po 111] Paras. B-C
A jurisdictional issue can be raised at any time, even in the Supreme Court, for the first time. Wema Securities and Finance Pic. v. NAIC (2015) LPELR 24833 (SC).
Oni vs Cadbury Nigeria Plc [2016] 1 M. J. S. C (Pt. II) [Po 100] Paras. F-G