Jurisdiction

Substantive jurisdiction refers to matters over which the court can adjudicate and it is usually expressly provided by the constitution or enabling statute. Territorial or geographical jurisdiction refers to the geographical area in which matter brought before the courts for adjudication arose. Substantive jurisdiction has to do with subject matter. Territorial or geographic jurisdiction has to do with area where the matter arose. When a court lacks substantive jurisdiction, it cannot hear the matter, if it does, it will amount to a nullity. Also, in territorial jurisdiction, courts are usually not seised of matters that occur outside their territory. Thus where ingredients of an offence occur outside the territorial jurisdiction of the court asked to adjudicate over the matter, such court will not assume jurisdiction over the offence for apparent lack of jurisdiction.

Ibori v. FRN, LGC(19/12/2008) G

The trite position of the law is that in any proceeding the applicable law is the law in force at the time the cause of action arose and not the law at the time the jurisdiction of the Court is invoked. It is the law that the jurisdiction of a Court is determined by the existing law at the time the cause of action arose and not the existing law at the time the jurisdiction of the Court is invoked.

UNIVERSITY OF PORT HARCOURT TEACHING HOSPITAL & ORS v. FABIN ONYEMA- LGC(28/1/19)G

Jurisdiction is the very basis on which any Tribunal tries a case; it is the lifeline of all trials. A trial without jurisdiction is a nullity. This vital and overwhelming importance of jurisdiction is the reason why it can be raised at any stage of a case, be it at the trial, on appeal to the Court of Appeal or to this Court; afortiori the Court can suo motu raise it... It has even been said that it is always in the interest of justice to raise issue of jurisdiction so as to save time and costs and to avoid a trial in nullity.

ARUEZE & ORS v. CHIEF MIKE A. NWAUKONI LGC(14/12/2018) E