Legalpedia Citation: (2009-04) Legalpedia 62529 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Fri Apr 3, 2009

Suit Number: SC 115/2004

CORAM

A I KATSINA-ALU, JUSTICE SUPREME COURT

A M MUKHTAR, JUSTICE SUPREME COURT

W S N ONNOGHEN, JUSTICE SUPREME COURT

P O ADEREMI, JUSTICE SUPREME COURT

C M CHUKWUMA-ENEH, JUSTICE SUPREME COURT

PARTIES

OSUU S.C. ODUKO

APPELLANTS 

1.GOVERNMENT OF EBONYI STATE OF NIGERIA

2.THE CIVIL SERVICE COMMISSION, EBONYI STATE

3.CHIEF (DR.) I.E. ITUMA

THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, EBONYI STATE (Former Chairman, Civil Service Commission, Ebonyi State)

RESPONDENTS 

AREA(S) OF LAW

INTERLOCUTORY APPEAL – JURISDICTION

 

 

SUMMARY OF FACTS

The appellant claimed that his retirement was ultra vires, null and void. The defendant raised a preliminary objection against the jurisdiction of the trial court. The trial court sustained the objection and dismissed the appellant’s claim. The Court of Appeal upturned the judgment and remitted the matter to the trial court for hearing and determination on the merit. The appellant was dissatisfied with the aspect of remitting the case for hearing, hence this appeal.

 

 

HELD

Appeal dismissed

 

 

ISSUES

1.Whether that court (the trial court, High Court of Justice, sitting at Abakaliki, Ebonyi State) has the legal power or authority – jurisdiction – to entertain the suit?.

 

 

RATIONES DECIDENDI

MEANING OF JURISDICTION

Jurisdiction is the legal power or authority which a court must have to decide matters that are litigated before it; or to take cognisance of matters presented in a formal way for its decision. The limits of this legal power or authority are circumscribed by the statute or act of the National Assembly under which the court is constituted and may be extended or restricted by similar means. Per Aderemi, JSC

 

 

JURISDICTION-HOW DETERMINED

It is the claim of the plaintiff which determines the jurisdiction of a court entertaining the suit. Per Aderemi, JSC

 

 

EFFECT OF LACK OF JURISDICTION

It is settled law that if a Court is bereft of jurisdiction to hear and determine a matter before it any steps taken in the matter is a nullity and void. Per Chukwuma-Eneh, JSC

 

 

CASES CITED

1. Adeyemi & Ors. v. Operoyi (1976) 9 & 10 S.C. 31.

2. Adesola v. Abideye (1999) 10-12 SC 109

3. Attorney-General, Anambra State v. Attorney-General of the Federation (1993) 6 NWLR (Pt. 302) 692

4. Kotoye v. Saraki (1994) 7 NWLR (Pt. 357) 414.

 

 

STATUTES REFERRED TO

1. Public Officers (Special Provisions) Decree No. 17 of 1984

 

 

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