jurisdiction

What is the importance of jurisdiction in civil litigation?

It is fundamental and extrinsic to adjudication; the lifeline of litigation.

What are the main types of jurisdiction?

Substantive jurisdiction and procedural jurisdiction.

Can parties confer or cancel jurisdiction by consent?

No. Jurisdiction cannot be conferred or cancelled by consent of parties.

Which type of jurisdiction can be waived, and which cannot? Provide authority.

Substantive jurisdiction cannot be waived. Procedural jurisdiction can be waived. Authority: Mobil Unlimited v. LASEPA.

When can an objection to jurisdiction be raised?

At any stage, by any party or the court suo motu.

What is the effect of a jurisdictional objection?

It must be heard first. Failure to do so renders proceedings null.

Can courts expand their jurisdiction?

No. Courts cannot enlarge their jurisdiction but may expound it.

According to Madukolu v. Nkemdilim (1961), what are the criteria for a court to have jurisdiction?

• Proper constitution of the court
• Subject matter within jurisdiction
• Due process followed

What is the effect of a defect in jurisdiction, and what is the authority?

It is fatal. Proceedings become null. Authority: Madukolu v. Nkemdilim.

What is the proper order for a court to issue when it lacks jurisdiction?

Strike out the matter; the claimant may refile in the proper court.

List some types of jurisdiction.

Monetary, financial, territorial, concurrent, limited, unlimited, substantive, procedural, subject matter, summary.

Name some courts with civil jurisdiction in Nigeria.

• Supreme Court
• Court of Appeal
• Federal High Court
• National Industrial Court
• High Courts (State & FCT)
• Sharia Court of Appeal
• Customary Court of Appeal
• Magistrate/Area Courts
• ECOWAS Court

What is the composition of the Supreme Court according to s.230 CFRN?

It is headed by the CJN, with up to 21 Justices total.

What are the qualifications for Supreme Court Justices according to s.231 CFRN?

15 years at the Bar, NJC recommendation, presidential appointment, Senate confirmation.

What is the quorum requirement for the Supreme Court under s.234 CFRN?

At least 5 Justices; 7 Justices for constitutional interpretation, fundamental rights, original jurisdiction, or overruling.

What is the original jurisdiction of the Supreme Court under s.232 CFRN? Provide a case example.

Federation vs State(s), State vs State(s). Case: AG Ondo v AG Federation.

What additional original jurisdiction does the Supreme Court have under the SC Act 2002?

• National Assembly vs President
• National Assembly vs State Assembly
• National Assembly vs a State

What are the conditions for the Supreme Court to exercise its original jurisdiction?

• Justiciable dispute
• Proper parties
• Corporate interest
• Jurisdiction not ousted by s.251 or s.254

What are the qualifications for Justices of the Court of Appeal?

Justices must have 12 years post-call; NJC recommends; President appoints; Senate confirms PCA only.

What is the composition of the Court of Appeal?

PCA + at least 49 Justices; 3 must know Islamic law; 3 must know Customary law.

What is the original jurisdiction of the Court of Appeal under s.239 CFRN?

Election matters relating to President/Vice-President validity, term cessation, or vacancy.

In which cases are the decisions of the Court of Appeal final?

• s.246(3) – Final in NASS & State Assembly election petitions.
• s.243(4) – Final for NICN civil appeals.

Describe the nature of the Federal High Court.

It is a court of limited/enumerated jurisdiction.

How was the Federal High Court established?

Originally under s.7 Federal Revenue Court Decree; now Federal High Court.

What is the composition and constitution of the FHC (s.249, s.253 CFRN)?

Chief Judge + judges as prescribed; at least one judge for constitution.

What is the qualification for Federal High Court Judges?

10 years post-call.

What are some areas of exclusive jurisdiction for the FHC under s.251 CFRN?

Revenue, taxation, customs/excise, banking, CBN, FX, coinage, legal tender, bills of exchange, letters of credit, fiscal policy.

Name two cases on banking jurisdiction related to the FHC.

NDIC v OKEM Enterprises; FMBN v NDIC.

What are some areas of concurrent jurisdiction for the FHC?

Fundamental rights (s.46); constitutional reference questions (s.295); banker/customer matters (non-policy).

How was the National Industrial Court (NIC) established?

s.6 & 254C CFRN; NIC Act.

What are the qualifications for judges of the National Industrial Court (NIC)?

10 years post-call + labour law experience.

What is the exclusive jurisdiction of the NIC under s.254C CFRN? Provide a case example.

Labour, employment, trade unions, pensions, etc. Case: NUEE v BPE.

Under what conditions can appeals be made from the NIC?

Sky Bank v Iwu – As of right for fundamental rights; otherwise with leave.

What is the monetary jurisdiction of Magistrate Courts in Lagos and Abuja?

Lagos:

10,000,000

; Abuja:

7,000,000

.

How was the ECOWAS Court established?

Art. 6 & 15 (Revised Treaty 1993); Protocol of 1991.

What is the composition of the ECOWAS Court?

7 judges; no two judges from the same state.

What is the jurisdiction of the ECOWAS Court?

Interpretation/application of ECOWAS law; HR violations; treaty compliance; damages; state obligations.