EJIOFOR APEH & ORS V PDP & ORS
April 26, 2025FABIAN MATHEW V THE STATE
April 26, 2025Legalpedia Citation: (2016) Legalpedia (SC) 44941
In the Supreme Court of Nigeria
Fri Jan 22, 2016
Suit Number: SC.546/2013
CORAM
BODE RHODES -VIVOUR JUSTICE, SUPREME COURT
PARTIES
OLUBUMI OLADIPO ONI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant herein was the Claimant at the Ikeja Division of the Lagos State High Court, wherein he claimed against the Defendant/Respondent for wrongful and unlawful termination of his contract of employment as a director of the Defendant. The Claimant/Appellant who was summoned to London by the Principal Company was issued a letter signed by the Chairman of the Board terminating his contract of employment without a valid meeting of the Directors of the Defendant/Respondent at which the decision was taken. The trial court ruled in favour of the Claimant/Appellant on the grounds that there was no valid meeting of the Directors of the Defendant/Respondent at which the decision to terminate the services of the Claimant/Appellant was taken. Dissatisfied with the trial court’s judgment, the Defendant/Respondent who had in fact filed a counter-claim in the matter appealed to the Court of Appeal, while the Claimant/Appellant cross appealed. The Court of Appeal affirmed the lower court’s decision, and dismissed both appeals. Dissatisfied by the lower courts’ decision, the Claimant/Appellant appealed to the Supreme Court, while the Defendant/Respondent filed a cross appeal. Meanwhile, the Defendant/Respondent raised the issue of jurisdiction for the first time at the Supreme Court.
HELD
Appeal Struck Out
ISSUES
None
RATIONES DECIDENDI
ISSUE OF JURISDICTION – IT IS IMPERATIVE THAT THE ISSUE OF JURISDICTION BE RESOLVED TIMEOUSLY
“The well settled practice is for the issue of jurisdiction to be resolved quickly, one way or the other thereby; saving time and costs. There is nothing as useless as doing efficiently that which should not have been done at all”. PER O. RHODES-VIVOUR, J.S.C
ISSUE OF JURISDICTION – WHETHER A PARTY SEEKING TO RAISE THE ISSUE OF JURISDICTION ON APPEAL REQUIRES THE LEAVE OF COURT
“Jurisdiction is so fundamental that it can be raised informally, although it is desirable that some process is filed so that the adverse Party is not taken by surprise. It can be raised Suo Motu, and a party seeking to raise the issue of jurisdiction on appeal does not need leave of any court to do so”. PER O. RHODES-VIVOUR, J.S.C
JURISDICTION OF COURT -JURISDICTION AS A CONSTITUTIONAL ISSUE CANNOT BE CONFERRED ON THE COURT
“The issue of jurisdiction is constitutional and cannot be conferred on the court either by itself or by the consent of the parties/counsel themselves. It is needless to say also that it cannot be partially conferred but must be either total or none at all. In other words, the conditions or criteria stipulated in the principles laid down in the case of Madukolu V, Nkemdilim (supra) must all co-exist in totality for the court to be properly constituted.” PER C. B. OGUNBIYI, J.S.C.
JURISDICTION OF COURT-THE ISSUE OF JURISDICTION COULD BE RAISED AT ANYTIME
“Surely, the rationale of all binding authorities on this point is that a jurisdictional issue, such as the one now canvassed by the respondent, could be raised at any time, even in this court for the first time”. PER C.C. NWEZE J.S.C
ISSUE OF JURISDICTION – IMPORTANCE OF JURISDICTION
“It is well-known, the issue of jurisdiction poses a crucial question of competence, Madukolu and Ors v Nkemdilim (1962) 2 NSCC 374; Okoya v Santilli [1990] 3 SC (pt 11) 1; Osafile v. Odi [1990] 5 SC (pt 11) 1; Emeka v Okadigbo and Ors [2012] 7 SC (pt 1) 1. PER C.C. NWEZE J.S.C
JURISDICTION OF COURT – EFFECT OF A WELL CONDUCTED PROCEEDING IN THE ABSENCE OF JURISDICTION
“In other words, proceedings well conducted, without jurisdiction is akin to a house without foundation which will and surely collapse. The celebrated locus classical case of Madukolu V. Nkemdilim (1962) SC NLR 31 among others is very succinct and well settled on this matter.” PER C. B. OGUNBIYI, J.S.C.
COMPETENCE OF A COURT – FACTORS THAT DETERMINES THE COMPETENCE OF A COURT
“In Madukolu & Ors v Nkemdilim(1962) vol. 2 NSCC p.374
This Court said that a court is competent when:
1. 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
2. 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
3. The case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. PER O. RHODES-VIVOUR, J.S.C
JURISDICTION OF COURT – DETERMINATION OF THE JURISDICTION OF COURT
“In deciding, whether a court has jurisdiction to hear a matter, the court should examine the Plaintiff/Claimants pleadings and no other document. it is those pleadings that determines jurisdiction Anya v Iyayi(1993) 7 NWLR(Pt. 305)P. 290, Anigboro v Sea Trucks Nig. Ltd. (1995)6 NWLR(Pt. 399)p. 43.” PER O. RHODES-VIVOUR, J.S.C
JURISDICTION OF COURT – WHETHER ASSENT OF PARTIES CAN CONFER JURISDICTION ON A COURT WHEN IT LACKS SAME
What is more, submitting to jurisdiction of a court is no answer to want of jurisdiction. This must be so for a total want of jurisdiction cannot be cured by the assent of the parties, Ukwu v Bunge [1997] 57 LRCN 1.”- PER C.C. NWEZE J.S.C
ABSENCE OF JURISDICTION – EFFECT OF ABSENCE OF JURISDICTION
“Unarguably, where there is absence of jurisdiction, the entire proceedings, trial, findings, orders and pronouncement of the court come to naught, Okoya v Santilli (supra); Osafile v Odi (supra); Emeka v Okadigbo and Ors (supra). The cases on this point are legion: they are many, Madukolu v Nkemdilim (1962 ) SCNLR 31; West Minister Bank Ltd. v Edwards (1942) AC 529, 533; Dangote v CSC Plateau State [2001] 4 SCNJ 131; Galadima v. Tambai [2000] 6 SC (pt 1) 196; Alao v ACB Ltd [2000] 6 SC (pt 1) 27; Bronik Motors Ltd and Anor v Wema Bank Ltd[1983] 1 SCNLR 296; Obi v INEC[2007] 11 NWLR (pt 1046) 565”. PER C.C. NWEZE J.S.C
JURISDICTION OF COURT – JURISDICTION CAN BE RAISED AT THE APPELLATE COURT FOR THE FIRST TIME
“Jurisdiction can be raised at anytime in the court of trial, on appeal and in this court for the first time. See NNPC V. Klifco Nig. Ltd (2011) 4SC (Pt. 1)p. 108, Olagunju &anor v PHCN (2011)4 SC(Pt.1) p.152, Ogembe v. Usman & 2Ors(2011) 12 SC(Pt.111)p.34, Alims Nig Ltd v UBA(2013)1 SC p.1.” PER O. RHODES-VIVOUR, J.S.C
CASES CITED
STATUTES REFERRED TO
Companies and Allied Matters ActConstitution of The Federal Republic of Nigeria 1999(As amended)
