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