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ARTICLE · 16 JUNE 2026

Jurisdiction As A Terminal Weapon: Technicality Versus Substantial Justice

Nigerian courts have long grappled with a fundamental tension: when does strict adherence to jurisdictional requirements serve justice, and when does it merely become a procedural weapon to defeat meritorious claims?

NigeriaLitigation, Mediation & Arbitration

Jurisdiction occupies a unique and indispensable position within the administration of justice. It is the legal authority conferred upon a court to hear and determine disputes brought before it. The law is settled that where a court lacks jurisdiction, the entire proceedings, no matter how meticulously conducted, amount to a nullity. As famously stated by the Supreme Court in MADUKOLU V. NKEMDILIM (1962) 2 SCNLR 341, a court is competent only where it is properly constituted, the subject matter falls within its jurisdiction, and the case is initiated by due process upon fulfillment of all conditions precedent. This principle has remained one of the most enduring doctrines in Nigerian jurisprudence.

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