Territorial 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

Territorial jurisdiction implies a geographical area within which the authority of the Court may be exercised and outside which the Court has no power to act. Just like other forms of jurisdiction, territorial jurisdiction is statutory and it is conferred on the Court by the statute which created it. Territorial jurisdiction may mean jurisdiction that a Court may exercise over persons residing or carrying on business within a defined area.
To put it in different words, territorial jurisdiction refers either to the geographical area in which a cause of action arose for adjudication or the jurisdiction of the Court to entertain cases involving persons residing within the confines of a defined territory. See the cases of: (1) Dariye v. FRN (2015) LPELR-24398 (SC) and (2) Golit v. IGP (2020) LPELR-50636 (SC). There is no doubt, indeed, it is good sense that the territorial jurisdiction of a High Court of a State, like the trial Court herein, is limited to the territorial boundaries of the State.
The High Court of a State is a creature of the grund norm, that is, the Constitution of the Federal Republic of Nigeria, 1999, as amended. It is therefore the said Constitution and indeed other laws duly enacted in line with the provisions of the same Constitution that vest in the High Court of a State the extent of its jurisdiction. See Section 272 of the Constitution. PER OMOLEYE, J.C.A.