NLS Prep: Understanding Jurisdiction in Civil Litigation

Introduction

In the Nigerian legal system, jurisdiction is the "blood and life of a suit." Without it, every proceeding is a nullity, no matter how well-conducted. For NLS students, mastering the jurisdictional boundaries between the Federal High Court and State High Courts is mandatory for the Civil Litigation module.

As established in the landmark case of Madukolu v. Nkemdilim (1962), a court is competent when it is properly constituted, the subject matter is within its scope, and the case comes before it through due process of law.

Types of Jurisdiction

Jurisdiction can be categorized into several types:

• Subject Matter Jurisdiction: The power of the court to hear the specific type of case (e.g., the Federal High Court's exclusive power over maritime or revenue matters).
• Territorial Jurisdiction: The geographical area where the court can exercise its power.
• Composition of the Bench: Whether the court is properly constituted with the required number of judges.

Federal vs State High Court

The most common trap in NLS exams is confusing Section 251 of the 1999 Constitution (Federal High Court) with the general jurisdiction of State High Courts under Section 272.

Remember: If the subject matter involves the Federal Government or its agencies AND relates to revenue, customs, or banking, the Federal High Court likely has exclusive jurisdiction.

Challenging Jurisdiction

Jurisdiction can be raised at any stage of the proceedings, even for the first time on appeal at the Supreme Court. It is usually raised by a Notice of Preliminary Objection or in the Statement of Defence.

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