THE PILLAR OF JUSTICE: NAVIGATING JURISDICTIONAL COMPETENCE IN NIGERIA || DR (MRS) EKANEM-OUT O. OLOWONIYI | CLEMENTINA E. UKIRI, ESQ. | OKWUDISHI MARIAN EYEWUMI, ESQ. | C.K. ANYANWU (LLM)

DR (MRS) EKANEM-OTU, OLUWATOSIN OLOWONIYI

In the architecture of Nigerian jurisprudence, jurisdiction is the bedrock upon which the entire edifice of justice is constructed. Often described as the "lifeblood" or "oxygen" of litigation, it is the fundamental power that allows a court to hear and decide a case. Without it, even the most brilliantly argued case or meticulously written judgment remains an exercise in futility.

What is Jurisdiction?

Jurisdiction is not a matter of judicial discretion or a gift that parties can bestow upon a court by agreement. Instead, it is a radical power donated strictly by the Constitution or relevant statutes. Think of it as a judge's legal driver’s license; just as one cannot legally drive a trailer with a motorcycle license, a court cannot hear a case unless the law specifically grants it the "keys" for that specific matter.

CLEMENTINA E. UKIRI, ESQ.

The Three-Pronged Test for Judicial Competence

For a court to be considered competent to adjudicate a matter, it must satisfy a critical three-pronged test:

Proper Composition: The bench must be properly constituted, ensuring that no member is disqualified for any legal reason.

Appropriate Subject Matter: The case must fall within the specific class of cases the court is empowered to hear (e.g., industrial disputes for the National Industrial Court or federal agency challenges for the Federal High Court).

Fulfilment of Conditions Precedent: Any legal requirements that must be met before the case is brought before the court—such as the proper service of process—must be satisfied.

OKWUDISHU MARIAN EYEWUMI (MRS)

Substantive vs. Procedural Jurisdiction

The legal framework draws a vital distinction between two types of jurisdiction:

Substantive Jurisdiction: Relates to the court's fundamental power to deal with the subject matter of the case.
Procedural Jurisdiction: Refers to the specific rules and processes that must be followed to properly bring a case before the court.

C.K. ANYANWU (LLM)

Contemporary Challenges in a Digital Age

As our world becomes more interconnected, the "shifting sands" of jurisdictional rules must adapt to modern realities. The paper explores several evolving landscapes:

Online Defamation: The "de-territorialization" of torts, where digital publications can reach audiences far beyond traditional borders, creating new questions about where a case should be heard.

Cross-Border Crimes: Complexities arising from criminal activities that span multiple jurisdictions, requiring a sophisticated understanding of judicial authority.

Matrimonial Causes: The application of the "single Nigerian domicile" doctrine in divorce proceedings, ensuring clear boundaries for sensitive family law matters.

SIR NEWMAN ONWUEJE, ESQ.

Conclusion

Understanding jurisdiction is not merely a technical necessity; it is a substantive safeguard for the rule of law. By ensuring that judicial proceedings are insulated from the "fatal taint of nullity," we maintain the integrity of our legal system and ensure that justice is truly served.

Want to dive deeper?

You can read the full analysis by Dr. (Mrs.) Ekanem-Otuo O. Olowoniyi, Clementina E. Ukiri, Esq., and colleagues in their comprehensive paper.

Download the full PDF using the link below.

https://drive.google.com/file/d/1_8xjIgaRGHYxzapbyIHbOl244sUzW5sP/view?usp=sharing

Co-authors: