JURISDICTION IN LAW: AN OVERVIEW

JURISDICTION IN LAW: AN OVERVIEW

Introduction

Jurisdiction is a fundamental concept in law. It refers to the authority of a court or tribunal to hear and determine a case. Without jurisdiction, any judgment delivered by a court is null and void, no matter how well-conducted the proceedings may appear. Thus, jurisdiction is the foundation upon which the judicial process rests.

Meaning of Jurisdiction

The term jurisdiction comes from the Latin words “juris” (law) and “dicere” (to speak), meaning “to speak the law.” In legal practice, jurisdiction refers to the power of a court to adjudicate upon matters brought before it.

The Nigerian Supreme Court in Madukolu v. Nkemdilim (1962) 2 SCNLR 341 defined jurisdiction as the authority which a court has to decide matters before it or to take cognizance of matters presented in a formal way for its decision.

Types of Jurisdiction

Jurisdiction can be classified into several categories:

1. Subject Matter Jurisdiction

Refers to the authority of a court to hear cases of a particular nature.

Example: A High Court can hear constitutional and fundamental rights cases, while a customary court may not.

2. Territorial Jurisdiction

Refers to the geographical area within which a court has authority.

For instance, the Lagos State High Court cannot hear a matter that arose in Abuja unless otherwise conferred by law.

3. Personal Jurisdiction

Refers to the authority a court has over the parties in a case.

Example: A Nigerian court may not exercise jurisdiction over a foreigner residing outside Nigeria, unless proper service is effected or jurisdiction is otherwise conferred.

4. Appellate Jurisdiction

The power of higher courts to review the decisions of lower courts.

Example: The Court of Appeal hearing appeals from the High Court.

5. Original Jurisdiction

The power of a court to hear a case at first instance (i.e., not on appeal).

Example: The Supreme Court has original jurisdiction in disputes between the Federation and a State under section 232 of the 1999 Constitution.

Conditions for Exercising Jurisdiction

For a court to validly exercise jurisdiction, three conditions (as laid down in Madukolu v. Nkemdilim) must be satisfied:

1. The subject matter of the case must be within the jurisdiction of the court.

2. The parties must be properly before the court.

3. The case must be brought before the court in the manner prescribed by law (i.e., due process must be followed).

Jurisdiction in the Nigerian Context

In Nigeria, the jurisdiction of courts is conferred by:

The Constitution of the Federal Republic of Nigeria 1999 (as amended)

Specific statutes (e.g., Electoral Act, Matrimonial Causes Act)

Rules of court

Key examples:

The Federal High Court has jurisdiction over matters such as revenue, admiralty, companies, and intellectual property.

The State High Court has wide jurisdiction except in matters exclusively reserved for the Federal High Court.

Customary and Sharia Courts have jurisdiction limited to customary and Islamic personal law matters, respectively.

Effect of Lack of Jurisdiction

If a court lacks jurisdiction, any decision it makes is a nullity. This principle was reinforced in A.G. Lagos State v. Dosunmu (1989) 3 NWLR (Pt. 111) 552, where the Supreme Court emphasized that jurisdiction is fundamental and cannot be waived by the parties.

Conclusion

Jurisdiction is the lifeblood of adjudication. Without it, courts cannot validly decide disputes, and any attempt to do so amounts to wasted effort. For this reason, both lawyers and judges must carefully determine whether jurisdiction exists before proceeding with a case or shit in the court.