We shall deal with the issues in the order set down herein. 1. WHETHER THE COURT HAS JURISDICTION TO HEAR AND DETERMINE THIS MATTER The issue of jurisdiction is vital to the hearing and determination of any matter before a court. Whether raised by the parties or not, the court can on its own volition raise the issue and deal with it before going into the substantive issue otherwise anything done without jurisdiction becomes a nullity. In the case of ESSIEN v. REPUBLIC OF THE GAMBIA (2005) 3 CCJLR (pt.2)1 at 45, this Court held that: “the significance of the issue of jurisdiction is that where a matter is heard and determined without jurisdiction, it amounts to a nullity, no matter how well conducted the case may be.” Jurisdiction is conferred by statute and in determining whether it has jurisdiction or not, the Court places reliance not only on its texts but also the claim put forward by the applicant and the relief sought. In the case of BAKARY SARRE & 28 ORS v. REPUBLIC OF MALI, ECW/CCJ/JUD/03/11, the Court stated in paragraph 25 ofits judgment that: “The competence of a Court to adjudicate in a given case depends not only on its text but also on the substance of the initiating application. The Court accords every attention to the claim made by the application, the pleas in law invoked......” See also the case of MR, CHUDE MBA v. REPUBLIC OF GHANA ECW/CCI/JUD/10/13 where the Court held in paragraph 50 of its judgment that cet

اختر الفقرة المستهدفة3