CORAM
MAHMUD MOHAMED, JUSTICE, SUPREME COURT
PARTIES
ALHAJI SHEU ABDUL GAFAR1. THE GOVERNMENT OF KWARA STATE 2. THE MILITARY ADINISTRATOR OF KWARA STATE APPELLANTS
THE GOVERNMENT OF KWARA STATE & 2 ORS RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was a civil servant in Kwara State Government. The Federal Government gave grants of N76 million and N120 million to the state. The funds were mismanaged; the State Govt set up a Commission of injury which indicted the appellant and directed him to refund N2million. He sued and the issue of jurisdiction was raised as a preliminary objection. It was sustained at both court of appeal and Supreme Court which dismissed the appeal.
HELD
(i) That a court which had no jurisdiction to entertain the principal claim of a party will be incompetent to entertain claims ancillary or incidental to it.(ii) In all matters dealing with the enforcement of fundamental rights, both the Federal High Court and the High Court of state within which the violation of the rights.
ISSUES
Whether the court below was right having regard to the claims of the appellant, the state of the law and in all circumstances of the case to have held that the trial court had no jurisdiction to entertain the case of the appellant which was principally concerned with the compliant of natural justice.
RATIONES DECIDENDI
JURISDICTION CANNOT BE CONFERRED BY AGREEMENT OF PARTIES
“No court assumes jurisdiction except it is statutorily prescribed as jurisdiction cannot be implied nor can it be conferred by agreement of parties.”
THE MAIN CLAIM IN MATTERS RELATING TO ENFORCEMENT OF FUNDAMENTAL RIGHTS
“In matters relating to fundamental right (Enforcement procedure) – to be valid, the main claim under the application must be for the enforcement of Fundamentals Rights.”
JURISDICTION – HOW DETERMINED
“It is the case or claim of the plaintiff that determines the jurisdiction of the court.”
CASES CITED
AG Kwara State vs. olawale (1993) 1 NWLR Part 272 645 etc. ?
STATUTES REFERRED TO
1979 Constitution Fundamental rights (Enforcement procedure Rules 1979 Commission of Inquiry Laws of Northern Nigeria).
1963 Laws of Northern Nigeria vol. 1 1963
Federal High Court (Amendment) Decree No 66 of 1991
Decree No 107 of 1993