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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO JURISDICTION (3)

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO JURISDICTION (3)

[This Index in full and Judgment(s)/listed and published here can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]

TITLEMAIN ISSUES
FEDERAL REPUBLIC OF NIGERIA V. VIJAY LALWANIJURISDICTION:- Hearing of a criminal charge while a civil litigation on same matter is pending – Whether there is no statutory provision or principle of law that forbids concurrent criminal and civil proceedings arising from the same matter JURISDICTION:- Rule that jurisdiction of a court is a hard matter of law that can only be determined in the light of the enabling statute – Whether a court of law cannot add to or subtract from the provisions of a statute – Duty of a court to apply the jurisdictional limits and limitations as contained or provided in a statute
FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS V. DR. (MRS) ADAEZE G.N.C. OKOLIJURISDICTION: The judicial power and authority of a court of law to undertake or conduct proceedings in disputes brought before it by parties – Whether jurisdiction of a court is intrinsic to such proceedings such that any defect therein would render them and any order, directive or step taken therein null and void ab initio – Legal requirement that once a genuine challenge to the jurisdiction of a court is raised or arises in any judicial proceeding, it should be considered and determined first at the stage it arises and before taking further steps in the case, in order to avoid what might turn out to be an exercise in futility – Need to observe same
FOLUJE V. FEDERAL MORTGAGE BANK OF NIGERIAJURISDICTION – Meaning of – unlimited jurisdiction conferred on the High Court – Whether such unlimited jurisdiction confers on the High Court power to adjudicate on complaints relating to election.
FORESTRY RESEARCH INSTITUTE OF NIGERIA V. MR. I. A. ENAIFOGHEJURISDICTION:- Meaning and fundamental nature of Jurisdiction – Party without cause of action – Whether cannot clothe the court with jurisdiction to hear and determine the matter – Duty of appellate court where by an oversight the court vests itself with jurisdiction and decides the case JURISDICTION:- Rule of law that an issue on jurisdiction can be raised at any stage of legal proceedings –  Whether extends to action rendered incompetent by virtue of non-compliance with Public Officers Protection statute
FORSON V. CALABAR MUNICIPAL GOVERNMENTJURISDICTION:– Jurisdiction of court – how ascertained. JURISDICTION:– Jurisdiction of court – where appellant had conceded the jurisdiction of lower court – whether can be estopped from challenging same. JURISDICTION:– Jurisdiction of court – whether challenged by the appellant therein.
G & C LINES V. HENGRACE NIGERIA LTDJURISDICTION:– Of Court – how determined JURISDICTION:– Waiver of demurrage – whether under admiralty jurisdiction of the Federal High Court – Decree 59 of 1991.
G. CAPPA PLC V. ABMINE AND SONS (NIG) LTDJURISDICTION:– Competence – when is a court competent to adjudicate.
GABRIEL MADUKOLU, & ORS V. J. NKEMDILIMJURISDICTION:- Courts-Jurisdiction—Competence of Court – Defect of Competence – Effect – How competence of Court determined.
GASALIYU OLA-IYA V. ALHAJI YAKUBU LASISIJURISDICTION – ISSUE OF JURISDICTION:- Rule that jurisdictional issues are threshold issues and the life wire of adjudication – Whether even at the level of the Supreme Court it could be raised for the first time
GEORGE T. OGARA V. PATRICK O. ASADU & ORSJURISDICTION:- Requirement which must co-exist in order to determine whether a court is seised with the requisite jurisdictional competence to entertain and determine any suit before it
GEORGE V. ATTORNEY GENERAL OF THE FEDERATIONJURISDICTION:- Original jurisdiction of Supreme Court under s.114 (1) of the Constitution.
GODSWILL OBOT AKPABIO& ORS V. SENATOR JOHN JAMES AKPANUDOEDEHE & ORSJURISDICTION – ELECTION PETITIONS: Whether an election tribunal has jurisdiction to hear any petition outside the 180 days period
GOVERNOR OF EBONYI STATE & ORS. V. HONOURABLE JUSTICE E. I. ISUAMAJURISDICTION:– Competence of court – When issue of competence can be raised –Duty to thoroughly raise and examine the features of the case so as to ensure it satisfies prerequisite jurisdictional conditions including pre-action notices where necessary – Whether lies on court on defendants – Whether failure to raise same at the earliest opportunities disentitles party from relying on same
GOVERNOR OF OYO STATE & ANOR. V. CHIEF AKIN AKINYEMIJURISDICTION:- The nature of jurisdiction of court
GOVERNOR-IN-COUNCIL V. OSHUNLAJAJURISDICTION:- Where ousted by statute. JURISDICTION:- Courts – Where expressly ousted by statute – When courts should still act.
H.R.H. EZE DR. FRANK ADELE EKE V. MR. GODFREY CHIZIEZE OGBONDAJURISDICTION:- Whether or not the Court of Appeal has jurisdiction to review its own judgment which is null and void.
HASSAN GARBA V. MUSA LAWAN BIRNIWA & ANORJURISDICTION – FEDERAL HIGH COURT:-  Exclusive jurisdiction of the Federal High Court as conferred on it by section 251 (1) of the 1999 Constitution of the Federal Republic of Nigeria – Limits – Causes and matters where it does not apply
HERB V. DEVIMCO INTERNATIONAL B.V.JURISDICTION:– Lagos High Court – whether has powers to exercise jurisdiction capable of being exercised by the High Court of Justice in England pursuant to section 10 of the Lagos High Court Law 1994 JURISDICTION:– Tortious matters –principles guiding the exercise of jurisdiction by our courts on matters relating to same.
HEYTING V. DUPONT AND ANOTHER.JURISDICTION: Tribunal – Jurisdiction – Consent of parties – No power for parties to impose jurisdiction on court.
HH ELDER  I. G.D. HENSHAW & ORS V. HH ETUBOM EKENG ABIA & ORSJURISDICTION:- Requirements that must be proved before the Court proceeds to exercise jurisdiction
HH ELDER (ETUBOM) INYANG G.D. HENSHAW & ORS V. HH ETUBOM EKENG ABIA & ORSCOMMITTAL PROCEEDINGS: How the jurisdiction to entertain committal proceedings by a Court of law is commenced
HIS HIGHNESS EREJUWA II THE OLU OF WARRI V. KPEREGBEYIJURISDICTION:- High Court -Jurisdiction of in chieftaincy matters – Whether capable of ouster by state laws – Sections 4(8), (6) 236 1979 Constitution considered. JURISDICTION:- High Court-Jurisdiction of in declaratory action – Whether can be taken away.
HON SANI SHA’ABAN & ANOR V. ALHAJI NAMADI SAMBO & ORSJURISDICTION:– whether Supreme Court, for the sake of doing justice can confer on itself a jurisdiction that is not given to it by the constitution or by any statute- when a court is competent
HON. BABANGIDA S. M. NGUROJE & ANOR V. HON. IBRAHIM TUKUR EL-SUDI & ORSJURISIDICTION OF COURT- nature of
HON. BASSEY ETIM & ANOR. V. HON. EMMANUEL BASSEY OBOT & ORS.JURISDICTION OF PROCEDURAL AND SUBSTANTIVE LAW: Whether a litigant can waive the issue of jurisdiction in substantive law
HON. EHIOZE EGHAREVBA V. HON. CROSBY OSADOLOR ERIBO & ORS.JURISDICTION:- When jurisdiction can be challenged – Supervisory jurisdiction of the High Court- Source of Courts’ jurisdiction in Nigeria
HON. MICHAEL DAPIANLONG & ORS V.CHIEF (DR.) JOSHUA CHIBI DARIYE & ANORJURISDICTION – COURT:- The importance of Jurisdiction
HON. PATRICK OBAHIAGBON V. RASAQ BELLO OSAGIE & ORS.JURISDICTION – ISSUE OF JURISDICTION: Whether or not it is unnecessary to consider arguments and decide other issues raised in the appeal after dealing with the issue of jurisdiction
JURISDICTION:- nature of jurisdiction- whether can be taken up suo motu by the court itself
HONORABLE COMMISSIONER FOR LOCAL GOVERNMENT, RURAL DEVELOPMENTJURISDICTION:- Issue of jurisdiction – Where arises – Power of court to de­termine whether it has jurisdiction. JURISDICTION:- Issue of Jurisdiction – Where it arises – Duty on court to de­termine in limine – Basis of. JURISDICTION:- Jurisdiction of court – Meaning of. JURISDICTION:- Ouster of jurisdiction clauses in a statute – How construed.
HOPE DEMOCRATIC PARTY (HDP) V. MR PETER OBI & ORS.JURISDICTION OF COURT:- Importance of the issue of jurisdiction of Court
HOPE UZODINMA V. SENATOR OSITA B. IZUNASO & ORSJURISDICTION: Whether it is the plaintiff’s claim that determines the court’s jurisdiction
HYDE ONUAGULUCHI V. PEOPLES DEMOCRATIC PARTY & ORSJURISDICTION:- determinants of- nature of-
IBRAHIM V. BALOGUNJURISDICTION:- Issue of jurisdiction – When raised – Whether can be raised for the first time on appeal – Extent of right thereto.
ICHOKU V. ABAIJURISDICTION:- Challenging the jurisdiction of the court and applying to dismiss an action in limine – distinction between JURISDICTION:- Issue of jurisdiction – importance of – various means through which issue of jurisdiction can be raised before a court of law – whether it can be raised for the first time at the Supreme Court.
IFEANYICHUKWU E. R. OKONKWO V. ATTORNEY-GENERAL OF ANAMBRA, STATE & ORS.JURISDICTION:- Whether court has jurisdiction where there is no lis between the parties
IGBINOGHODUA OGIGIE & ORS V. A.I. OBIYANJURISDICTION: Whether failure of defendant to raise jurisdictional issue of venue of court timeously was fatal to his claim JURISDICTION: Whether determining the case in the wrong venue judicial division, was fatal to plaintiff’s case JURISDICTION: Whether determining the case in the wrong judicial division, is fatal to plaintiff’s case
IGBOKWE V. UDOBIJURISDICTION:‑ Jurisdiction of court to hear suit ‑ Whether ousted by fact that plaintiff suit may fail
IGP V. AIGBIREMOLENJURISDICTION:- Exclusive jurisdiction of Fed. High Ct. over Fed Govt. & Its agencies
IKORO V. GOV. E.R.JURISDICTION:- Absence of – Parties acquiescing – Effect.
IKWEKI AND ORS. V. EBELE AND ORS.JURISDICTION: APPEAL:- Court of Appeal – Jurisdiction of- Source of – Grounds of appeal – Importance of to exercise of jurisdiction of the court.
INAH V.  UKOIJURISDICTION:– Issue of jurisdiction – whether a court has power to enquire into the question of whether or not it has jurisdiction to hear a case. JURISDICTION:– Relevance of plaintiff’s claim in the determination of a court’s jurisdiction – Reliefs sought in the instant case herein – Whether falls within the jurisdiction vested in the Federal High Court by relevant laws.
INTEGRATED TIMBER AND PLYWOOD PRODUCES LIMITED V. UNION BANK OF NIGERIA PLC.JURISDICTION:  
INTERCITY BANK PLC V. SANI ALIJURISDICTION:– Issue of jurisdiction raised by a party – Trial court entertaining interlocutory applications without first resolving same – Propriety of.
INTERNATIONAL BEER AND BEWERAGES INDUSTRIES LIMITED & ANOR V. MUTUNCI COMPANY (NIG) LTD.JURISDICTION OF COURT:- Whether or not a court lacks the vires or jurisdiction to grant to a party an unclaimed relief
INTERNATIONAL OFFSHORE CONSTRUCTION LTD V. SHORELINE LIFTBOATS NIGERIA LTDJURISDICTION:- Admiralty and maritime contract – Exclusive jurisdiction of Federal High Court thereto. JURISDICTION:- Issue of jurisdiction – Raising of for the first time on appeal – Procedure therefor
ISHOLA V. AJIBOYEJURISDICTION:- High Court of Kwara Stag – Appellate jurisdiction of – From where derived JURISDICTION:- Issue of jurisdiction – Importance of – When and by whom it can he raised JURISDICTION:- Jurisdiction of court – Where challenged – Need to resolve timeously JURISDICTION:- Jurisdiction of court -Where judicial proceedings incompetent – Whether waiver- can confer jurisdiction on court.
J.S. OLAWOYIN V. COMMISSIONER OF POLICEJURISDICTION: High Court – Appellate Jurisdiction – Number of judges required to properly constitute the appellate division of the court – effect of failure thereof
JACK V. UNIVERSITY OF AGRICULTURE MAKURDIJURISDICTION:- Jurisdiction of the State High Court on enforcement of fundamental rights
JACOB BANKOLE & ORS V. AMODU TIJANI DADAJURISDICTION:- Whether when the issue of locus standi coupled with issue of jurisdiction raises a question as to the competence of an action, it must be considered first; when a Court is competent
JADESIMI  V. FRED EGBE
JAGUNOJE V. OBAFEMI GREEN-ADEBOJURISDICTION:- High Court – Whether has jurisdiction to try a matter of customary law­
JAMMAL STEEL STRUCTURES LTD. V. A.C.B.JURISDICTION:- Jurisdiction of High Court to deal with matters having regard to the provisions of the Federal Revenue Court Decree, 1973.
JEREMIAH AKOH AND OTHERS V. AMEH ABUHJURISDICTION: Courts – Jurisdiction – Area Courts – Stay of proceedings.
JERIC NIGERIA LIMITED V. UNION BANK OF NIGERIA PLC.JURISDICTION – Primacy and fundamental nature of jurisdictional issues – whether can be raised first time at the Supreme Court. ‘
JOE UWAGBA V. FEDERAL REPUBLIC OF NIGERIAJURISDICTION – COURT’S JURISDICTION:- Whether a court can confer itself with jurisdiction
JOHN EGBELE V. THE POSTMASTER GENERALJURISDICTION:- nature of- jurisdiction of Federal High Court -duty of court when an issue of jurisdiction is raised- what determines jurisdiction
JOMBO V. PEFJURISDICTION:- Jurisdiction of Court and ouster clause – Proper way of interpreting ouster clauses – Punitive law which purports to oust the Courts jurisdiction – Duty of court thereto JURISDICTION:- Determination of court jurisdiction to hear a matter – Need for Court to look into the Plaintiff’s claim before the trial Court – Justification
JOSEPH MANGTUP DIN V. A-G. OF THE FEDERATIONJURISDICTION: Issue of jurisdiction-Time to raise – Courts – Enquiry into validity of a decree.
JOSEPH OWUAMA & ORS. V. ANTHONY OBASI & ORS.JURISDICTION – whether High Court can review, by way of originating summons, the decision of the Customary Court upheld by the Customary Court of Appeal
JOSIAH CORNELIUS LIMITED & ORS V. CHIEF CORNELIUS OKEKE EZENWAJURISDICTION:- Raising the issue of jurisdiction in a judgement in respect of estoppel.
JOV V. DOMJURISDICTION:- Jurisdiction of Area Courts in respect of land subject of customary right of occupancy – Whether extant- Section 41 of the Land Use Act.
JULIANA IBIYEMI AKINBINU V. YISA EYIFUNMI OSENI & ANORJURISDICTION:- Effect of pronouncement made by court where it lacks jurisdiction
JUMANG SHELIM & ANOR V. FWENDIM GOBANGJURISDICTION:- What it means, its significance and how derived by an appellate court
JUMOSIMA WARI & ORS V. MOBIL INC OF AMERICA & ANORJURISDICTION – LOCUS STANDI AND JURISDICTION: The relationship between locus standi and jurisdiction – whether Locus standi and jurisdiction are inter woven in the sense that it goes to the jurisdiction of the court before which an action or process was initiated – whether where there is no locus standi in a party in the first place, the court can properly assume jurisdiction to entertain a process or an action JURISDICTION – OBJECTION TO JURISDICTION: objection to the jurisdiction of a court – circumstances when it can be raised – whether it can ever be premature or too late to raise the issue of the jurisdiction of a court to entertain a matter before it and once raised, whether should be determined first before further steps in the matter – whether objection on the absence of the prior requisite leave to issue and serve writ outside jurisdiction directly goes to and involve both the procedural and substantive law on jurisdiction of the court – where question can be raised by the court suo motu as a substantial point of law capable of disposing of the action – whether mode of raising the issue of jurisdiction in judicial proceedings, because of its extrinsic nature and effect to the entire process of adjudication, is not limited to a particular form
KADUNA REFINING & PETROCHEMICAL COMPANY LTD. V. MR. FELIX ONUORAJURISDICTION:- Need for leave to raise on appeal – when required.
KALU MARK V. GABRIEL EKEJURISDICTION: COURT:- Jurisdiction of court – Ingredients of.
KALU V. STATEJURISDICTION- Supreme Court – Whether has original jurisdiction to entertain suit seeking to enforce fundamental rights – Ogun V. State (1994) 9 NWLR (Pt. 366) 1; Effiom V. State (1995) 1 NWLR (Pt 373) 507 followed.
KANO STATE URBAN DEV. BOARD V. FANZ CONSTRUCTION CO. LTD.JURISDICTION:- Jurisdiction Whether a court which decides a matter properly before it wrongly thereby exceeds its jurisdiction Remedy of aggrieved party in such circumstances.
KANO TEXTILE PRINTERS PLC V. GLOEDE AND HOFF NIGERIA LIMITEDJURISDICTION:– Issue of jurisdiction – when can be raised.
KIDA V. OGUNMOLAJURISDICTION:- Jurisdiction of Court – Whether a Defendant who resides outside the jurisdiction of the Court may be served by substituted means.
KPLISHI KUUSU V. VANGER UDOMJURISDICTION:- When raised -Res Judicata- When Pleaded -Effect
LABIYI V. ANRETIOLAJURISDICTION:- Issue of Jurisdiction – Importance of – Duty on appeal court in considering same – Order 3 rule 2(6) Court of Appeal Rules and Order 8 rule 6 Supreme Court Rules – Decree of Edict inconsistent with unsuspended pan of the  Constitution, 1979 – Jurisdiction of High Court to determine validity of – Extent and scope – Chieftaincy Matters – Jurisdiction of Court in respect of.
LAKANMI V. ADENEJURISDICTION:– Finding of appellate court that a trial court had no jurisdiction to try a matter – proper order for the appellate court to make in respect to same. JURISDICTION:– Lack of jurisdiction – effect of same on proceedings.
LASISI V. ADUJURISDICTION:- Court.-Jurisdiction-Magistrates’ Court—Criminal proceedings brought by an individual-Conditions precedent to the exercise of jurisdiction by Magistrates’ Court. JURISDICTION:-Court of trial given a discretion to exercise-Record must show that Court was aware of this power and took the step it took in exercise of such power.
LH. MOHAMMED MOHAMMED V. MARTINS ELECTRONICS COMPANY LTDJURISDICTION – COURT – JURISDICTION OF THE COURT OF APPEAL: Who is competent to invoke the jurisdiction of the court of appeal
LIMAN V. MOHAMMEDJURISDICTION:- High Court of Kano State – Jurisdiction of to award damages in lieu of specific performance – Origin of.
LINGO NIG. LTD. V. NWODOJURISDICTION:– Court of Appeal – whether has jurisdiction to vary terms of a conditional stay of execution granted by the lower court.
MAAJI GALADIMA V. ALHAJI ADAMU TAMBAI & ORSJURISDICTION:- Whether the issue of jurisdiction is one of the prerequisites of court in the exercise of its jurisdiction
MABERA V. OBI AND OTHERS.JURISDICTION:- Jurisdiction of High Court – Ouster of – Sale of property – Recovery of possession – Section 17(1)(a) High Court Laws of Northern States, S.41(3)(a) and (c) Land Tenure Law Cap. 59 – Area Courts Edict (North Western State) 1967 S.2 (2), S.19(3) and First Schedule, Pan 2; Area Courts (Limitation of Powers) Order, 1968, S.2. – How treated
MAFYAI KODEN V. MESHAK SHIDONJURISDICTION:- Jurisdiction of court – Objection thereto – When it call be raised – Procedure therefor.
MALLAM ABUBAKAR ABUBAKAR & ORS. V. SAIDU USMAN NASAMU & ORS.JURISDICTION:- radical nature of jurisdiction- need to resolve first
MALLAM SIYAKA O. LAWAL (Obobahin of Ihima) & ORS V. ALHAJI M.J. IBRAHIM OHIDA & ORSJURISDICTION – EXCLUSIVE JURISDICTION OF THE COURT OF APPEAL: Exclusive jurisdiction of the Court of Appeal to hear and determine appeals from final decisions in civil or criminal proceedings of the Federal High Court, the High Court of the FCT, Abuja, the High Court of a State, Sharia Court of Appeal of the FCT, Abuja, Sharia Court of Appeal of a State, Customary Court of Appeal of the FCT, Abuja, Customary Court of Appeal of a State and a Court Martial or other Tribunals
MANAGEMENT ENTERPRISES LTD AND ORS V. JOHNATHAN OTUSANYAJURISDICTION:- Issue of jurisdiction – When it can be raised and fundamental nature of it JURISDICTION:- Not proper for Court of Appeal to hear and determine an appeal from a High Court judgment which is void.
MARGARET AKUNG EPHRAIM NENE EYU (MRS) V. THE STATEJURISDICTION:- Court acting without jurisdiction – Effect.
MARTIN AGBASO V. IKEDI OHAKIM & ORS.JURISDICTION:- Conditions precedent to the exercise of jurisdiction by Court; effect of Court decision where it lacks jurisdiction
MATARI V. DANGALADIMAJURISDICTION:- Area Courts – Jurisdiction of – Source of – How ascertained. JURISDICTION:- Area Courts Edict, 1967-Sections 3(I) & (2),18 and 19 thereof – Jurisdiction conferred thereby – Nature of. JURISDICTION – Issue of jurisdiction – When can be raised.
MATTHEW OYE OLUWOLE V. POWER HOLDING COMPANY OF NIGERIA PLCJURISDICTION:- Nature and relevance to any judicial adjudication – Whether an issue of jurisdiction can be raised suo motu by a court without the necessity of inviting parties to address the court on it –
MECKLERMEDIA CORP AND ANOTHER V. D C CONGRESS GMBHJURISDICTION:- Place where harmful event occurred – Whether proceedings involving same parties and same cause of action can be maintained in two different jurisdictions- – Civil Jurisdiction and Judgments Act 1982, Sch 1, arts 2, 5(3), 21, 22.
MENAKAYA V. MENAKAYAJURISDICTION:- Competence of court – whether competence of a court or of the proceedings can be waived by parties.
MERCHANT BANK OF AFRICA V. OWONIBOYS TECHNICAL SERVICE LIMITEDISSUE OF JURISDICTION
MIKE AMADI V. FEDERAL REPUBLIC OF NIGERIAJURISDICTION:- Conditions requisite to vest a court with jurisdiction to try a case
MIN OF LAGOS MINES & POWER V.  AKIN OLUGBADEJURISDICTION:- Power of Supreme Court to review own final decision – Application by motion seeking an order from the Supreme Court to review a previous decision Under Order 7 Rule 29 of the Supreme Court Rules
MOBIL OIL NIGERIA PLC V. ALHAJI F.O. YUSUFJURISDICTION – ISSUE OF JURISDICTION: Circumstances under which a court will be divested and lacks jurisdiction to entertain or amend a notice of appeal
MOBIL PRODUCING NIGERIA UNLIMITED V. SIMEON MONOKPO(2)JURISDICTION:- Lack of jurisdiction – Whether an irregularity – Whether can be waived.
MORIKI V. ADAMUJURISDICTION:– Issue of jurisdiction – duty of court to entertain same when properly raised at any stage of adjudication JURISDICTION:– Meaning of – relevance of plaintiff’s claim in determining jurisdiction. JURISDICTION:– State High Court – whether has jurisdiction in a suit concerning declaration of title to land.
MOZIE V. MBAMALUJURISDICTION:- Parties to an action – Competence of plaintiff to institute action – Issue of – Jurisdictional nature of – When can be raised – Proper order court should make.
MR. CHARLES IKECHUKWU NWADIANI V. MS DORIS AMINA OLAYEMI UBOH & ORS.JURISDICTION – FILING OF FEES: Whether any shortfall in filing fees has to do with jurisdiction of the court
MR. DAVID UMARU & ANOR V. DR. MUAZU BABANGIDA ALIYU & ORS.JURISDICTION – Nature of – difference between “jurisdiction of a court” and its “competence
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