Instant SSL

Okoye Chukwudi J

Okoye Chukwudi J

''The trite law is that where there is an objection against consideration/continuation of a process that objection should be determined first. See: Ogoja v. Offoboche (1996) 8 NWLR (Pt.458) 48; Katto v. CBN (1991) 9 NWLR (Pt.214) 126; ANPP v R.O.A.S.S.D. (2005) 6 NWLR (Pt.920) 140.'' Per MUHAMMAD, J.S.C. (P. 15, paras. A-B)  ALL PROGRESSIVES CONGRESS & ORS v. IN RE: CONGRESS FOR PROGRESSIVE CHANGE & ORS(2014) LPELR-24036(SC)

'The crucial nature of the issue of jurisdiction in the adjudication process explains the resort to this procedure. A resort to an otherwise procedure amounts to waste of the time of the court and the parties should the Court lack the jurisdiction to proceed and determine the appeal on the basis of which the applicant's motion has been brought. Courts do not indulge in vain acts. In AG Lagos State v. AG of the Federation, (2014) 3 NWLR (pt. 1412) 217, this Court at page 249 of the report restated the principle thus:- "Courts, including the apex court, lack the jurisdiction of entertaining incompetent claims and/or those that constitute abuse of their processes.

''The fundamental question still remains: Is CPC (the appellant on record), dead or alive, as at the time of filing its appeal to this court? Although the death of a political party cannot be similar to that of a natural human person, yet its death resembles, though with dissimilarities, the death of juristic/corporate entity. For instance, a company is said to have died finally and beyond resurrection when it is completely wound-up. Mere withdrawal, cancellation or recall of its certificate of registration does not bring its corporate existence to an end. See: Opebiyi v. Oshoboja (1976) 9 & 10 SC.198; Nzom v. Jinadu (1987) 1 NWLR (Pt.5) 533; Abethe v. NDIC (1995) 7 NWLR (Pt.406) 228 at 240 C -D;

'The position of the law on the status of a dead person has been severally stated by this court and other courts. I will only cite few instances: 1. in the case of SGB Ltd. V Braimoh (1991) 1 NWLR (pt.108) 428 at p.434 - D-G, it was held that: "It is settled law that a dead person ceases to exist in the eyes of the law and any cause or action pending against such a person automatically abates unless it is one that survives the person."

"An appeal is a creature of statute. Section 51 of the Constitution of Western Nigeria confers appellate jurisdiction on the High Court from the decisions only of subordinate courts. The next channel of appeal from the High Court is the erstwhile Western State Court of Appeal by virtue of section 53 of the Constitution of Western Nigeria from which an appeal would lie to the Supreme Court by virtue of section 117 of the 1963 constitution".PER UWAIS, J.S.C.(P. 17, paras. A-C)   HIS HIGHNESS LAMIDI OLAYIWOLA ADEYEMI (Alafin of Oyo) & ORS v. A-G., OYO STATE & ORS.(1984) LPELR-169(SC)

"The doctrine of separation of powers means that neither the legislature, the executive, nor the judiciary should exercise the whole or part of another's power.It was held by this court in Lakanmi & Anor. v The Attorney-General of Western State & Ors. (1974) 4 E.C.S.L.R. 713 at p.731; (1971) 1 U.I.L.R. 201 at p.218 that the structure of the Constitution of the Federation of Nigeria, 1963, (hereinafter referred to as the 1963 Constitution") as suspended and modified by the Constitution (Suspension and Modification) Act, 1966 (No. 1 of 1966) was based on the separation of powers; and in the distribution of powers amongst the organs of government the courts were vested with the exclusive right to determine justiciable controversies between citizens and between citizens and the State".PER UWAIS, J.S.C.(Pp. 165-166, paras. G-D)  HIS HIGHNESS LAMIDI OLAYIWOLA ADEYEMI (Alafin of Oyo) & ORS v. A-G., OYO STATE & ORS.(1984) LPELR-169(SC)

The chief distinction between superior courts of record and inferior courts of record are found in connection with jurisdiction. Prima facie no matter is deemed beyond the jurisdiction of a superior court unless it is expressly shown to be so while nothing is within the jurisdiction of an inferior court unless it is expressly shown on the face of the proceedings that the particular matter is cognisable of the particular court.

It must be appreciated that the jurisdiction of appellate courts in our judicial system is either constitutional or statutory. The appellate powers are conferred upon the courts by the Constitution and the Federal and States legislations. No court has any inherent appellate jurisdiction. It follows therefore that unless jurisdiction is specifically conferred by the Constitution or legislation, an appeal court will not entertain a particular appeal.

"Another important limitation in the application of the principle of separation of powers to the 1963 Constitution is the fact that the High Court of Western Nigeria was not endowed by the Constitution with general original jurisdiction. Its original constitutional jurisdiction was very narrow and was limited to the determination of any question whether any person had been validly selected or elected as a member of a Legislative House of the Region or the seat in a Legislative House of any member of that House had become vacant: section 16 of the Constitution of Western Nigeria.

"It stands therefore to be stressed that the doctrine of separation of powers, as a principle of interpretation of constitutions, is sometimes subject to modification by either the express or implied provisions of the Constitution - see Attorney-General of Bendel State v. Attorney-General of the Federation & Ors. (1983) 6 S.C. 8 at pp. 32, 51, 95, 117 and 147

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