THE GOVERNOR OF KWARA STATE V. JEROME OLADELE DADA

CORAM

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PARTIES

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1. THE GOVERNOR OF KAWARA STATE

2. ATTORNEY-GENERAL, KWARA STATE

3 KWARA STATE CIVIL SERVICE COMMISSION

APPELLANTS 

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JEROME OLADELE DADA

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The respondent was served with a letter of dismissal from the service of the 1st appellant. The appellants objected to the court’s jurisdiction. The trial judge struck out the case declining jurisdiction but holding that the respondent’s dismissal was null and void. On appeal, the Court of Appeal held that the trial court had jurisdiction and affirmed the judge’s decision on the nullity of the respondent’s dismissal. ?

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HELD

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Appeal allowed

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ISSUES

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1. Whether the respondent who was dismissed by the Military Administrator in exercise of his powers under the Act can sue for the reliefs claimed by him?

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RATIONES DECIDENDI

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NATURE OF JURISDICTION

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“Jurisdiction of a court in the process of adjudication is very fundamental. It should be determined at the earliest opportunity. If a court has no jurisdiction to hear and determine a case, its proceedings remain a nullity ab initio no matter how well conducted and decided. A defect in competence is not only intrinsic but also extrinsic to the entire process of adjudication.” PER FABIYI, JSC

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INTERPRETATION OF OUSTER CLAUSES

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“In the interpretation of a statute ousting jurisdiction as in this matter, the court is not imbued with power to inquire as to why its jurisdiction has been ousted. It can only inquire into whether or not, on the prevailing facts and circumstances, the jurisdiction had been ousted or restricted.” PER FABIYI, JSC

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CASES CITED

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Gabriel Madukolu v. Johnson Nkemdilim (1962) All NLR 587Peanok International Ltd. v. Hotel Presidential Ltd. (1982) 12 SC 1 at 25?

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STATUTES REFERRED TO

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None.

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