Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Between
1. NIGERIAN NATIONAL PETROLEUM CORPORATION (NNPC)
2. NIGERIAN PETROLEUM DEVELOPMENT COMPANY LTD (NPDC) –Appellants
AND
1. CHIEF STEPHEN ORHIOWASELE
2. MR. SIMON DADA ODJERAVMEN
3. MRS. SAMSON UIEBU UBA
(Suing for themselves and on behalf of Ogbe-Ude Community, Okpe Local Government Area of Delta State)- Respondents
…………………….A…………………….
OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The respondents as plaintiffs commenced their suit before an Effurun High Court Delta State, presided over by Omo Agege CJ (as he then was) claiming against the appellants (defendants) the sum of Twenty Million Naira for special and general damages for the negligence of the defendants, allowing crude oil spill from its burst oil wells onto the land, swamps creeks, ponds shrines of the plaintiffs. The plaintiffs sued for themselves and as representatives of the Ogbe-Udu Community, in Okpe Local Government Area of Delta State. Both courts below found for the respondents. The sum of N18,329,350.00 (Eighteen Million, Three Hundred and Twenty-Nine Thousand, Three Hundred and Fifty Naira) was awarded by the Trial High Court. The Court of Appeal agreed with the learned trial judge but reduced the judgment sum by N2,000,000.00 (Two Million Naira). Still dissatisfied with the judgment of the Court of Appeal the appellant have come here on a further and final appeal presenting four issues in their brief deemed duly filed on the 10th of January, 2007. The respondents brief was deemed duly filed on the 2nd of May, 2012.
In the appellants brief four issues were formulated for determination. They are:
1. Whether the respondents claims were statute barred.
2. Whether the Federal High Court had jurisdiction to entertain the claims of the respondents.
5. Whether the respondents were entitled to the special damages in the sum of N15,329,350.00 awarded by the lower court.
4. Whether the extra award of N3,000,000.00 (Three Million Naira) as general damages after the initial award of special damages amounts to double compensation.Learned counsel for the respondents adopted in the respondents brief the four issues formulated by the appellants learned counsel.
It is long settled that once the issue of jurisdiction is raised it must be heard first. Once raised all proceedings abate until it is resolved. The issue of jurisdiction is threshold. It is very fundamental as it goes to the competence of the court. It is very important, so it can be raised by any of the parties, or even by the court suo motu. Once raised the judge would do well to examine it in detail and rule appropriately. The fundamental nature of jurisdiction is further emphasized by the fact that it can be raised at trial, on appeal and even before the Supreme Court for the first time. Once a court has no jurisdiction to hear a case and it goes ahead to hear the case there would be nothing as useless as conducting a case even if flawlessly only to find out that the case ought not have been heard at all because the judge has no jurisdiction to hear the case. The entire proceeding would be a nullity. Cases conducted without jurisdiction are declared a nullity and struck out. See
Barclays Bank of Nig. v. CBN (1976) 6 SC p.175
Oloba v. Akereja 1988 3 NWLR pt.84 p.508
A.G. Lagos State v. Dosunmu 1989 ALL NLR p.504
Usman Dan Fodio University v. Kraus Thompson Organisation Ltd. 2001 15 NWLR pt.736 p.305.
