EXERCISE OF JURISDICTION - INGREDIENTS THAT DETERMINES THE COMPETENCE OF A COURT TO EXERCISE JURISDICTION IN A MATTER  

 

Gbenga Babawibe
Joined: 12 months ago
Posts: 156
06/09/2019 11:53 am  

"Much judicial prominence has been given to the importance of jurisdiction. Hence, the law is well settled that, a court is only competent to exercise jurisdiction in respect of any matter where:-

(a)        It is properly constituted as regards numbers and qualification of the members and qualification of the members of the bench and no member is disqualified for one reason or the other,

(b) 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

(c)   The case comes by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction.

The law is equally well established that all the above reiterated determinants of jurisdiction co-exist and are conjunctive. See amongst an array of judicial authorities the cases of: (1) Madukolu v. Nkemdilim (1962) 2SCNLR p.341; (2) A.-G., Anambra State v. A.-G., Federation (1993) 6NWLR (Pt.302) p.892 and (3) Nwankwo v. Yar'adua (2010) 12NWLR (Pt.1209) p.518".

 

PER O.F.OMOLEYE, J.C.A IN THE CASE CENTRAL BANK OF NIGERIA V MAIYINI CENTURY COMPANY LTD & ANOR; LER:(2018) CA/YL/76/2016

 

This topic was modified 11 months ago by Gbenga Babawibe

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