COURT – COMPETENCE OF COURT – What determines the competence of a Court to exercise jurisdiction

Uncategorised

“On the conditions that must be satisfied before a Court is competent to exercise its jurisdiction in respect of any matter, this Court, Per Bairamian, JSC (of blessed memory) in the case of Madukolu & Ors. v. Nkemdilim (supra) held as follows: “Before discussing those portions of the record, I shall make some observations on jurisdiction and the competence of a Court. Put briefly, a Court is competent when it is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another; and the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction, and the case comes before the Court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. Any defect in competence is fatal, for the proceedings are a nullity however well conducted and decided: the defect is extrinsic to the adjudication.” Per ADAMU JAURO, JSC in AGUMA v. APC & ORS (2021-LCER-40458-SC) (Pp 45 – 46 Paras A – A)

Add to LawKit (0)
Close