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Territorial Jurisdiction

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Territorial jurisdiction of a court is the power of court to hear and determine matters originating from within the circumference of its allotted territory by law. This jurisdiction is exercisable over the res, persons and causes. In Dariye V TRN (2015) LPELR – 24398 (SC) Ngwuta JSC held, “Territorial jurisdiction implies a geographic area within which the authority of the court may be exercised and outside which the court has no power to act. Jurisdiction, territorial or otherwise, is statutory and is conferred on the court by the law creating it.”
The law is settled that a judge in one state of the Federation of Nigeria cannot assume jurisdiction and exercise jurisdiction over a subject matter in another state of the federation. In sections 270 and 272 of the Constitution of Nigeria 1999, the High Court of a state is established to function in its own state. In the case of Usman V. The State (2014) 12 NWLR (PT 1421) 207, Rhodes – Vivour JSC held that the territorial jurisdiction of a High Court of a state is limited to the territorial boundaries of the state.
There is a distinction between the various types of jurisdiction i.e, extra territorial jurisdiction, territorial jurisdiction and local jurisdiction. With regard to territorial, a court can try any person, citizen or non-citizen, who is alleged to have committed an offence in Nigeria within the territory where the court in question has jurisdiction. The power of a court to try an accused person for an offence committed within the country is divided between the federating units. As such one or more of the federating units may possess jurisdiction to try an accused person.
In Golit V. Inspector General of Police (2018) LPELR – 46188 (CA) the charge against the appellant in the case clearly stated that the offence took place in Okene Kogi State, for the avoidance of doubt it reads thus “That you Joshua Oghene ‘M’, Haruna Afegbai ‘M’, Bulus Golit ‘M’ among yourselves agreed and did mobilise, instigate Festus Oghene ‘M’, youth leader of Okpella town in Edo State, now at large on or about the 30th day of September 2014 at the hour of 12:45pm at Okene within the jurisdiction of this court did unlawfully conspire amongst yourselves to commit an offence punishable under section 99 of the Penal Code law Cap 89 of Northern Nigeria.”
The charge stated the offence was committed in Okene. The mere fact that the victims of the crime were taken to Opella from Okene does not per se mean that the offence was committed at Okpelle. The institution of an action in a court outside the territorial jurisdiction of a state where the cause of action arose is different from instituting an action outside the judicial division in the same state where the cause of action arose. There is a distinction between venue as an aspect of jurisdiction, which could be administrative or geographical, in which a suit may be heard, is often provided in the rules of court of various states of the federation. But where it comes to territorial jurisdiction, which is whether a suit ought to have been brought in another state, the criterium is different. In such a case the court has no jurisdiction and it cannot be conferred by agreement or consent of the parties.
Regardless of our lopsided arrangement about our constitutional dispensation of federalism, the facts remain valid that state courts are bound to respect their territorial jurisdiction and keep to the dictates of the constitution.

 

By: Nkechi Bright-Ewere

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City Crime

Delta Attorney-General Laments Hike In Human Trafficking

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Delta State Attorney-General and Commissioner for Justice, Ekemejero Ohwovoriole (SAN) has lamented the increasing rate of human trafficking, especially the girl child in the state.
Ohwovoriole decried the increase in his office in Asaba when the zonal commander of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Mr Nduka Nwawenne paid him a courtesy visit.
The Attorney-General stated that it was against the dignity of the state and disheartening to see that Delta State now ranked first in human trafficking, overtaking Edo State.
He stressed the need for stakeholders to tackle the menace, adding that if it was one single victim that was rescued, they would be rewarded for their efforts.
Ohwovoriole stated that young girls were the most vulnerable ones in the issue of human trafficking, stressing that children from poor family backgrounds also fall victim to human trafficking.
While saying that their request for an office space in the state would be looked into, to see how the government could be of assistance to them, he assured them of his ministry’s partnership in the fight against human trafficking.
He said that the Task Force on human trafficking and irregular migration, which he chairs, should be having regular meetings.
Earlier, the Zonal Commander of Naptip, Mr. Nwawenne informed the commissioner that Delta state had overtaken Edo state as the foremost state in human trafficking in nigeria.
He told the Attorney-General that their Zonal Command was the first to be established in Nigeria because of the prevailing issues of human trafficking in the area, noting that ika south was the highest in cases of human trafficking as a result of its proximity with edo state.
Nwawenne appealed to the Commissioner and the State Government to provide office accommodation for their officials to operate in Asaba.

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Army Arrests 50 Foreigners, Others For Job Racketeering

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The Nigerian Army said it has arrested 50 suspects, including foreigners, for alleged international job racketeering in Lagos.
The Director, Army Public Relations, Brig. Gen. Onyema Nwachukwu, who addressed journalists in Abuja, on Wednesday, said the suspects were arrested during an operation jointly conducted by the Army and the Nigeria Immigration Service.
He also disclosed that no fewer than 13 criminals were killed and 88 arrested during various operations across 20 states of the federation.
Among those arrested include 50 suspects comprising foreigners who were nabbed for alleged International job racketeering.
Onyema said, “In the South-West region, on November 2, 2023, troops of 9 Brigade Nigerian Army in conjunction with personnel of Nigerian Immigration Service, Lagos State Command, conducted a raid operation on a suspected criminal hideout at Ifako Ijaye.
“During the operation, 50 suspects, including foreigners who specialise in international job racketeering, were arrested. In a similar development same day, the same troops arrested two suspects at a hotel in Ogba in the Ikeja LGA.
“The arrest was in connection with the murder of one Mallam Idris Ardo, the Ardo of Panya Village in Plateau State. Preliminary investigation revealed that one of the arrested suspects masterminded the killing of Ardo and fled the community since the incident occurred.”

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Elder Statesman Charges FG On Judges, Magistrates’ Security

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An elders statesman and advocate of oil rights in the Niger Delta, Rev Sokari Soberekon, has called on the Federal Government to beef up security for High Court Judges and Magistrates in the country. The iconoclastic doctor of humanities made this plea while addressing newsmen during the just concluded 2023/2024 rededication of the legal year of the Rivers State Judiciary held at the St. Cyprian’s Anglican Church in Port Harcourt last Thursday.
Soberekon stressed the essence of maximised security for Judges and Magistrates in Nigeria to ensure prompt and fearless dispensation of justice, equity and fairplay. He, maintained that apart from armed Police orderlies, the Judges and Magistrates should be legally authorised to keep personal arms for self defence when necessary, adding that this innovative policy would enhance the desired environment for an independent judiciary.
According to the octogenarian minority rights activist, the judiciary is the sanctuary of justice and equity.
He recalled the circumstances surrounding the gruesome murder of the former Federal Attorney General and Minister of Justice, Late. Chief Bola Ige.
Soberekon noted that, in spite of the retinue of official security aides attached to the late former Governor of Oyo State, Ige would not have been murdered if he was personally armed on that fateful day of his demise.
Soberekon emphasised the need to shun eye service in the nation’s polity.
He, however, maintained that the only Oga in politics is God Almighty, who he said uses people to install others in office.
Soberekon recalled the meeting he had with King Alfred Diete-Spiff in Lagos from where the pioneer Governor of the State started planning the blueprint of the old Rivers State.
He said what Rivers State needs now is peace, and applauded the placard with the description, ‘Peace’, displayed during the rededication ceremony.
He noted with delight that while delivering a sermon at the occasion, the Vicar of the church advised Nigerians to give peace a chance and also to build a nation where peace and justice reign.

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