When Can Issue of Jurisdiction Be Raised?

Jurisdiction is the foundation upon which the authority of a court to hear and determine a matter rests. Without jurisdiction, any proceedings or judgments are null and void. A critical question that often arises in legal practice is: When can the issue of jurisdiction be raised?

This article explores the circumstances under which jurisdiction can be challenged, supported by relevant case law and legal principles.

1. Jurisdiction Can Be Raised at Any Stage of Proceedings

One of the fundamental principles in law is that the issue of jurisdiction is not confined to the initial stages of a case. It can be raised at any time, even for the first time on appeal or in the Supreme Court. This flexibility ensures that courts do not proceed in matters where they lack the competence to adjudicate.

Case Law:

• State v. Onagoruwa (1992) 2 SCNJ 1 at 11
• Management Enterprises Ltd. v. Otusanya (1987) 2 NWLR (Pt. 179) 188
• Obikoya v. Registrar of Companies (1975) 4 SC 31

2. Jurisdiction on the Face of Proceedings (Ex Facie)

Jurisdiction that is apparent on the face of the proceedings is known as ex facie jurisdiction. If it is evident from the pleadings, documents, or the face of the record that the court has the competence to hear the matter, then the court is presumed to have jurisdiction.

Case Law:

• Mobil Producing (Nig.) Ltd. v. LASEPA (2002) 18 NWLR (Pt. 798) 1
• Madukolu v. Nkemdilim (1962) 2 SCNLR 341
• Skenconsult (Nig.) Ltd. v. Ukey (1981) 1 SC 6

Principle:
Where jurisdiction is apparent on the face of the proceedings, it should not be presumed to be lacking. The court has a duty to recognize its jurisdiction unless it is clearly ousted.

3. Jurisdiction Not Apparent on the Face (Dependent on Facts)

In some cases, jurisdiction is not immediately obvious and depends on facts that require ascertainment. Such issues are not ex facie and must be established through evidence.

Case Law:

• Mobil Producing (Nig.) Ltd. v. LASEPA (2002) 18 NWLR (Pt. 798) 1
• O. O. O. v. A. (2004) 12 NWLR (Pt. 887) 1

Principle:
If the jurisdictional question depends on facts outside the record, it must be tried as a preliminary issue, and the court should not proceed until the facts are established.

4. When Can Jurisdiction Be Raised?

• At the commencement of proceedings:
  The issue can be raised through a preliminary objection or in the pleadings.
• During proceedings:
  If it becomes apparent that the court lacks jurisdiction, it can be raised at any stage, including during trial or on appeal.
• On appeal or in the Supreme Court:
  Even if not raised initially, the issue can be invoked at the appellate level or in the Supreme Court, as the law permits.

Case Law:

• Management Enterprises Ltd. v. Otusanya (1987) 2 NWLR (Pt. 179) 188
• Obikoya v. Registrar of Companies (1975) 4 SC 31
• Uwaifo v. A.G. Bendel State (1982) 3 NCLR 296

5. Special Considerations in Statutory and Constitutional Contexts

Certain statutes and constitutional provisions explicitly define the limits of jurisdiction. For example, the 1999 Constitution and subsequent legislative amendments specify the exclusive jurisdiction of federal courts over particular matters.

Case Law:

• Uwaifo v. A.G. Bendel State (1982) 3 NCLR 296
• Ali v. CBN (1997) 4 NWLR (Pt. 498) 192
• O. O. O. v. A. (2004) 12 NWLR (Pt. 887) 1

Conclusion

The issue of jurisdiction is a vital preliminary question that can be raised at any stage of a case. Courts are obliged to determine their competence based on the record and applicable law. When jurisdiction is apparent on the face of the proceedings, it should be recognized without hesitation. Conversely, if it depends on facts outside the record, it must be established through evidence before the court proceeds.