Types Of Jurisdiction

The term jurisdiction is derived from two latin
terms – jusiuris meaning “law” and dicere meaning to speak”. Jurisdictions therefore the authority granted to a formally constituted legal body to deal with and make pronouncements on legal matters.  It is also the authority to administer justice within a defined area of responsibility. It also denotes the geographical  area or subject – matter to which such authority applies.
There are two major types of jurisdiction under Nigerian law, they are; territorial and subject matter jurisdiction. Territorial jurisdiction is the authority confined to a bounded space, including all those present therein, and events which occur there. Courts may also have jurisdiction that is exclusive or concurrent i.e shared. Where a court has exclusive jurisdiction over a subject matter, it means it is only that court that is authorized to address that matter. But where a court has concurrent or shared jurisdiction, more than one court can adjudicate the matter.
The subject matter jurisdiction of certain court is limited to certain types of controversies, for example suits in admiralty, the Federal High Court is vested with exclusive jurisdiction. Note also that the cause of action to cover admiralty jurisdiction must inter alia have arisen on  the high sea. The goods must have been lost when they were being carried in ship as cargo and not lost after they have been unloaded from the ship.
Original jurisdiction and appellate jurisdiction are also other types of jurisdiction. A court of original jurisdiction hears cases as they are first initiated by the plaintiff or claimant. But a court to appellate jurisdiction may only hear an action after the court of original jurisdiction or a lower appellate court has heard the matter.
Section 232 (1) of the 1999 Constitution of Nigeria, specifically provides that “the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the federation and a state or between states if and in so far as that dispute involves any question (whether of law or fact on which the existence or extent of a legal right depends”. Also the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the National Assembly. The Supreme Court also have jurisdiction to the exclusive of any other court of law in Nigeria to hear and deterrence appeals from the court of appeal. Jurisdiction may be extended, not by the courts but by the legislature. Once a court lacks jurisdiction, a party cannot use any statutory provision or common law principle to impose it, because absence of jurisdiction is irreparable in law. The only procedural duty of the court is to strike it out.
A challenge to jurisdiction can be entertained at any stage of the proceedings, at first instance or an appeal, and even at the Supreme Court by any of the parties. Jurisdiction can be as a matter of procedural law or as a matter of substantive law.

Nkechi Bright Ewere