Jurisdiction is one of the fundamental factors that decides whether or not a case has been rightly or wrongly commenced before a court of law. Let me describe this way - take your client’s matter as a three story building and jurisdiction is the foundation of that building. If you do not get the jurisdiction right, your whole case can come crashing before the court. This is why you sometimes hear of cases been struck out.
For every lawyer, it is very important for you to know the courts that will assume jurisdiction in any given case. That said, Jurisdiction in itself, is simply defined as the fundamental power of a Court to decide or sit over a matter. Madukolu v. Nkemdilim
The issue of jurisdiction can be raised at any time in trial, and even on appeal for the first time.
Types of Jurisdictions
There are different types of jurisdictions.
1. Substantive Jurisdiction
This is the jurisdiction imposed on the court by the law establishing the court or any other statute; e.g. section 251 CFRN which conferred exclusive jurisdiction on the Federal High Court over certain issues.
2. Procedural Jurisdiction
This jurisdiction is based on the rule and practice of the court. A good example is the issue of giving pre-action notice before instituting an action against some government agencies. Such procedural jurisdiction may be waived where the defendant fails to raise objection timeously; Mobil v LASEPA
3. Territorial Jurisdiction
This is based on the subject of the dispute and where the cause of action arose or where the parties are. For instance, where a contract is entered into in Lagos and executed in Lagos, if the defendant resides in Lagos, the action ought to be instituted in Lagos and not anywhere else.
NOTE: Where the court lacks jurisdiction, the trial no matter how well conducted will be a nullity: Anih v. Nna
Factors Determining the Jurisdiction of a Court
Different factors determine that a court has jurisdiction over a certain case
1. Nature and Subject Matter of Dispute
If it is contract, then the court that will have jurisdiction is determined by where the contract is to be performed or where the defendant resides; Order 4 Rules 1(3), Lagos Rules 2019 and Order 3 Rules 3 of the 2018 Rules. If it is land then the court in the place where the land is situate will assume jurisdiction see generally Order 4 Rule 1(1) Lagos Rules 2019 and Order 3 Rule 1 Abuja Rules 2018.
2. Parties to the Dispute
The parties to the dispute also determine the court, for instance, where it involves the Federal Government or its agency in relation to its statutory functions or disputes between two Banks in relation to Banking policies, the FHC will have jurisdiction. The proper parties must be before the court and they must be juristic persons for the court to assume jurisdiction.
3. Mode of commencement of action
Some actions must be instituted using a specific mode for instance election matters must be by PETITION. If it is instituted by any other mode, it will be entertained by the court.
4. Geographical Area
This is determined by the cause of action for example matters of interest in land is to be instituted where the land is situate )
5. Presence of any legal requirements or condition precedents (for example actions requiring pre-action notice or leave of court before it can be instituted.)
6. Constitutional provisions.
Courts with Civil Jurisdiction
The following courts in Nigeria have civil jurisdiction over civil matters.
1. SUPREME Court
This is the apex (highest court) in Nigeria.
- Composition: It is composed of the Chief Justice of Nigeria (CJN) and not more than 21 Justices, as may be prescribed by an Act of the National Assembly; section 230 (2) CFRN 1999.
- Constitution: This is the number of the Justices that can sit to entertain a given matter or appeal. For an appeal from Court of Appeal; at least 5 justices of the SC will sit to entertain it, but if it relates to an appeal involving the interpretation of the constitution or matters relating to the original jurisdiction of the SC, it will sit with not less than 7 Justices; section 234 CFRN
Examples of matters that fall within the Original Jurisdiction of the Supreme Court are: TAKE NOTE
- Disputes between the Federation and a State or States: section 232(1) CFRN
- Disputes between the National Assembly and the President
- Dispute between the National Assembly and a State of the Federation in so far as the dispute involves any question whether of law or fact non which the existence or extent of a legal right depends
- The National Assembly and any State House of Assembly.
NOTE items (b-d) was made pursuan8t to Section 1 of the Supreme Court (Additional Original Jurisdiction) Act 2002 and S. 233(2) of the 1999 Constitution (the latter allows the National Assembly to confer additional original jurisdiction on the Supreme Court by an Act).
NOTE also that neither the National Assembly nor State House Assembly shall institute or initiate legal proceedings under this Act except upon the resolution of the House passed by a simple majority of the members of that House present and sitting at the time the resolution is put to vote; (Dec 2020 Q 2f)
The nominal Parties in the suit shall be:
National Assembly vs. AGF or AGS or;
If it is House of Assembly of a state then the Speaker of the House of Assembly will be the nominal party; S. 3 Supreme Court Additional Jurisdiction Act, 2002.
Qualification of Supreme Court Justices: To be appointed as a Justice of the Supreme Court: the person must be a legal practitioner in Nigeria of at least 15 years post call experience - S. 231(3) of the 1999 Constitution as amended.
Appointment: The Justices of the Supreme Court are appointed by the President of Nigeria on the recommendation of the National Judicial Council (NJC) and all such appointment shall be subject to confirmation by the Senate; Section 231(1) & (2) of the 1999 Constitution
Appellate Jurisdiction: the SC has exclusive appellate jurisdiction over appeals from the Court of Appeal. Appeals to the Supreme Court could be as of right or with leave. Its decision is final and not appealable. S. 235 of the 1999 Constitution as amended.
Retirement Age: Section 291(1) CFRN: A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the age of (65) sixty-five years and he shall cease to hold office when he attains the age of seventy years (70).
Conditions For Invoking Original Jurisdiction of The Supreme Court:
i. The action must be brought by the ATTORNEY GENERAL of the State or the Federation-section 20 Supreme Court Act
ii. Subject matter of dispute must be one where State government /Federal government are direct beneficiaries-AGF v. AG Imo; Plateau
State v. AGF.
iii. Must pertain to existence of a leg9al right.
2. COURT OF APPEAL
See S. 237 of the 1999 Constitution as amended.
Composition: Composed of the President but not less than 49 justices and 3 to be learned in customary law and 3 learned in Islamic personal law: section 237(1) CFRN
Qualification for Appointment: must be a legal practitioner in Nigeria of not less than 12 years post-call experience: S. 238(3) CFRN
Appointment: It is done by the President on the recommendation of the National Judicial Council (NJC): S. 238(2) while only the appointment of the President of the Court is subject to confirmation by the Senate: S. 238(1) CFRN
Constitution: while sitting to hear an appeal, it shall sit with at least 3 Justices sit on a matter: S. 239(2) CFRN
Original Exclusive Jurisdiction: S. 239(1) CFRN
a. It has jurisdiction to determine if a person has been validly elected to the office of the President or Vice President
b. Whether the term of office of the president has ceased
c. The office of President or Vice President has become vacant. Exclusive Appellate Jurisdiction: It has exclusive appellate jurisdiction on decisions from the Federal High Court, High Court of the States and the FCT, Sharia Court of Appeal, Customary Court of Appeal, National Industrial Court, Code of conduct Bureau, Court Martial and the National and State Houses of Assembly Election Tribunals - S. 240 of the 1999 Constitution as amended.
Final Decisions of the Court of Appeal: The Court of Appeal shall be the final appellate Court in the following matters: TAKE NOTE
i. Decisions on appeals from the National and State Houses of Assembly Election Tribunal are final - S. 246(3) of the 1999 Constitution
ii. Decisions on appeals from the National Industrial Court are final;
(S. 243(4) CFRN)
3. FEDERAL HIGH COURT
S. 249 CFRN.
Composition: It is composed of the Chief Judge and such other number of Judges as prescribed by an Act of the National Assembly – S. 249 (1) CFRN Constitution: it shall sit with at least one judge on a matter - S. 253 CFRN
Qualification for Appointment: must be a lawyer of at least 10 years post- call experience -S. 250 (3) CFRN
Appointment: It is done by the President on the recommendation of the National Judicial Council (NJC) while only the Chief Judge’s appointment is subject to confirmation by the Senate. See S. 250 (1) & (2) of the 1999 Constitution as amended.
Jurisdiction: The FHC has exclusive jurisdiction over all matters contained in section 251 of the Constitution and any other matter as may be conferred on it by an Act of the National Assembly.
4. STATE HIGH COURT AND THE HIGH COURTS OF THE FCT
They are established by S. 270 and S. 255 of the 1999 Constitution as amended respectively.
Appointment: The Chief Judge and other Judges of the High Courts of the States are appointed by the Governor on the recommendation of the National Judicial Council while the Chief Judge’s appointment is subject to confirmation of the House of Assembly. See S. 271 (1) & (2) of the 1999 Constitution as amended.
While the appointment of the Chief Judge and other Judges of the FCT High Court is done by the President on the recommendation of the National Judicial Council and the Chief Judge’s appointment is subject to the confirmation of the Senate. See S. 256(1) & (2) CFRN
Qualification: At least 10 years post call experience. See S. 271(3) CFRN Constitution: At least one judge can sit over a matter. See S. 273 CFRN 1999 as amended.
Jurisdiction of the State High Courts: This is provided under section 272 of the 1999 Constitution. It can assume jurisdiction over any civil proceeding, which is not covered by section 251 of the Constitution. Appellate Jurisdiction of the High Court: Have appellate jurisdiction over decisions of Magistrate Courts, Area Courts, Customary Courts
5. NATIONAL INDUSTRIAL COURT
It is recognised as a Superior Court of record pursuant to Section 6 (Altering S. 254’CC’) of the Third Alteration Act 2010 to the 1999 Constitution and the National Industrial Court Act 2004.
Composition: It is composed of a President and other number of Judges to be determined by the Act of the National Assembly – section 254A CFRN Constitution: At least one judge can sit over a matter or not more than 3 Judges as directed by the President of the Court; S. 254E of the Third Alteration Act 2010 to the Constitution.
Appointment: The appointment of the President and other Judges of the Court is done by the President on the recommendation of the National Judicial Council and the President’s appointment is subject to the confirmation of the Senate. S. 254B (1) & (2) of the Third Alteration Act 2010 to the 1999 Constitution.
Qualification for Appointment: A Lawyer with at least 10 years post call experience and has considerable knowledge in the law and practice of industrial relations/employment conditions in Nigeria. Section 254B (3) of the Third Alteration Act 2010 to the 1999 Constitution
Jurisdiction: It has exclusive jurisdiction in civil causes and matters to try all labour, trade unions, industrial relations or employment related matters notwithstanding the provisions of sections 251, 257 and 272 of the 1999 Constitution as amended.
6. JURISDICTION OF MAGISTRATE COURT IN LAGOS
By Section 28 of the Magistrate Court Law 2009 of Lagos State, vest civil jurisdiction over:
a. All personal actions arising from contract, tort, or both, where the debt or damage claimed, whether as a balance of account or otherwise is not more than Ten million, N10, 000,000.00 at the time of filling.
b. In Abuja civil matters involving monetary claim of not more than N5 million are to be instituted before the District Court
c. Actions of recovery of penalties, charges, rates, taxes, expenses, cost of enforcement of statutory provisions, contributions or other like demands, which may be recoverable by virtue of any existing law.
JURISDICTIONAL CONFLICT BETWEEN THE FEDERAL HIGH COURT AND THE STATES HIGH COURTS
Although the State High Court is a court of unlimited jurisdiction, the establishment of the Federal High Court, has created a lot of controversy as to some matters which fall within the exclusive jurisdictions of the FHC and the one which falls within the exclusive jurisdiction of the SHC. Due to the importance of the issue of jurisdiction, it is important that some of such controversies be reconciled. Some of the areas of controversies will be
discussed thus:
1. FUNDAMENTAL RIGHTS ENFORCEMENT ACTIONS
The issue of the court that will assume jurisdiction in fundamental rights enforcement cases always comes out in the bar exams. Generally, both the FHC and SHC has concurrent jurisdiction over fundamental rights matters;
section 46(1) & (2) CFRN
But in your bar exam, if you see such a question as “In which court will you institute the action?” and the scenario bothers on the breach of fundamental right;
Check the subject matter or facts leading to the breach and the parties involved before determining the appropriate court to approach; Tukur v Government of Gongola State, Adetona v Igele General Enterprise Ltd.
For example, if the breach arose from matters like tort, contract, civil offences etc. and it involves individuals or police, then the appropriate court should be State High Court; (Dec 2020 Re-sit Q 4b)
On the other hand, where the breach arose issues like terrorism, treason or financial fraud and involving a federal government agency like EFCC, NDLEA etc. then the action should be filled before the Federal High Court; Adegbite & Anor v Amosu; Mrs Moji Iheme v Nigerian Army Council & Ors.
2. BANKS AND ITS CUSTOMER
In cases of banker-customer relationship for example where the customer of a bank wants to sue the bank or vice versa, both the Federal High Court and the High Courts of the States will have jurisdiction under the proviso to S. 251(1)(d) of the 1999 Constitution. See Federal Mortgage Bank v. NDIC and NDIC v Okem Enterprises
A good example is where the customer is suing for negligence or breach of contract; SGB v. DELLUCH
If it’s an action between a bank and another bank and it is not an ordinary banker customer relationship, the FHC will have exclusive jurisdiction Non-customer of Bank suing for negligence–FHC has exclusive jurisdiction
3. SIMPLE CONTRACTS
In simple contracts between a Federal Government agency and an individual, the State High Courts alone will have jurisdiction to try the matter. See Onuorah v. KRPC Ltd.
TRANSFER OF CASES TO THE STATE HIGH COURT BY THE FEDERAL HIGH COURT
This will occur when a matter is wrongly instituted at the Federal High Court which lacked the jurisdiction to entertain it. The only thing the Federal High Court will do is to transfer the case to the State High Courts and not to 13
strike it out. See S. 22 of the Federal High Court Act, Fasakin Foods Ltd v. Shosanya and AMC Ltd v. NPA;
NOTE that the States or FCT High Courts cannot transfer a matter, which it
lacked jurisdiction to try to the Federal High Court; (see Bar Final April 2019 Q. 4C)
NOTE: In the High Court of FCT Abuja, cases instituted in wrong judicial divisions may be transferred only by the Chief Judge if need be, see Order 3 Rule 6 (Abuja Rule 2018).
In Lagos, the action may be heard in that division unless the Chief Judge directs otherwise; Order 4 Rule 3 Lagos Rules 2019.
POSSIBLE EXAM QUESTION FROM JURISDICTION
In the bar exam, you may be asked the following questions in relation to the issue of jurisdiction:
1. In which court will you institute the action and why?
To answer the above question, check the cause of action and the parties.
2. Comment on the jurisdiction of the court to entertain the suit above?
If you are asked the above question, it means the scenario must have mentioned a particular court where the action was commenced. Therefore you are expected to check from that given scenario if that court has jurisdiction and if not; state the appropriate court. (See August 2019 Q 3a, December 2020 Q 1a)
ETHICAL ISSUES ON Jurisdiction
1. A Lawyer should avoid commencing an action in the wrong court or judicial division.
2. A lawyer should advise the client on the importance of ADR
3. A lawyer should represent the client competently R. 16 of RPC
4. Dedication and devotion R. 14 of RPC.
5. Avoid conflict of interest; R. 17 RPC
Note: RPC means Rules of Professional Conduct 2007.
Post a Comment