"The issue of jurisdiction I must re-echo here is very fundamental in every case before a Court of Law. The issue can be raised at anytime even in Appeal Court or the Supreme Court. The determinants of jurisdiction have been duly well settled over the years by the Supreme Court and this Court. It is the nature of the Plaintiff's claim before the Court that determines the jurisdiction of the Court. See JEV & ANOR. VS. IYORTYOM & ORS. (2014) 14 NWLR (PT. 1428) 575; ABIA STATE TRANSP. CORP. & ORS. VS. QUORUM CONSORTIUM L TD. (2009) 9 NWLR (PT. 1145) 1. The Insoluble grit of the issue is the fact that any matter determined in excess of jurisdiction is a nullity. It is well known by now that a defective originating process cannot activate the jurisdiction of the Court. In the instant case, the writ of summons with which the case was originated at the Court below was not endorsed by the legal practitioner who took out the writ. This no doubt, has rendered the foundation of this case void and of no effect whatsoever. This therefore cannot give birth to any legitimate initiation of proceeding of the lower Court. This issue is not a mere irregularity neither is it an issue of technicality. It is an issue of substance and it is an incurable error which has rendered everything done by the Court below on the basis of that writ void ab initio."
Per ADAH, J.C.A. IN JAMEON (NIG) LTD & ORS v. ISA ENGINEERING (NIG) LTD & ANOR CITATION: (2018) LPELR-44297(CA)