Jurisdiction: A Need for Justice System Overhaul
The principle of jurisdiction is fundamental to any justice system, defining a court’s legal authority to hear cases. In Nigeria, without proper jurisdiction, any court decision, no matter how seemingly just, is rendered void ab initio. This importance of jurisdiction is underscored in landmark rulings including Madukolu v. Nkemdilim and the recent Manomi v. Dakat case, which highlights the dire need for a judicial overhaul.
As established by the Supreme Court, for a court to exercise jurisdiction, it must be properly constituted, the subject matter must fall within its authority, and the matter must be brought before the court in accordance with due process. Justice Nweze emphasized that any defect in competence leads to proceedings being null and void.
Yet, the current system allows the issue of jurisdiction to be raised at any point, even after a case has already been adjudicated. Such a provision often leads to prolonged litigation, wasting time, resources, and ultimately undermining the objective of delivering justice. A recent case illustrated this flaw, where an unsigned writ of summons led to over nine years of litigation, ultimately dismissed by the Supreme Court for lack of jurisdiction. Such instances raise critical questions regarding the fairness of our justice system.
Comparison with the UK and U.S. legal frameworks reveals substantial differences in the handling of jurisdictional challenges. These systems impose stricter timelines and conditions for raising such objections, reducing the possibility of wasting resources. In the U.S., for instance, a jurisdictional challenge must be presented at the first opportunity, with non-compliance resulting in waivers of rights, ensuring faster adjudication.
Create a clearer, more accountable process for addressing jurisdiction is paramount. This could involve mandatory jurisdiction assessments at the beginning of a case, with certification processes to confirm whether the court holds jurisdiction. Moreover, incorporating the philosophy of treating procedural errors as minor irregularities can aid in expediting the litigation process without compromising fundamental rights.
In conclusion, a judicial reform focusing on jurisdictional matters in Nigeria’s justice system is essential. The current practice permits prolonged cases that frustrate claimants and public confidence in the legal system. A shift towards a more structured jurisdictional framework could enhance efficiency and ensure that justice is not only served but also perceived to be served.



