Individual access to the jurisdiction of the court:
d. Whether Article 9(3) of Protocol, A/SP.1/01/05 applied in the case to oust Jurisdiction of
the Court because of the passage of the period specified therein - 3 years period.
e. Whether Protocol A/PI/07/91 was amended or repealed or substituted and the effect of
Article 9 vis à vis Protocol A/SP.I/01/05 therein:
f. Whether Protocol, A/SP.1/01/05 is retrospective in effect, keeping the cause of action
alive or dead.
g. Whether alleged violation of human rights is affected by Statute of limitation.
17. Dn the first issue under jurisdiction. it is trite law that jurisdiction is material to the
determination of a case before the court and where such is determined without jurisdiction, it
goes to no issue and is rendered null and void and of no effect. See the cited case, Madukolu v.
Nkemdilim (supra), Pinner v. pinner (supra), Essien v. Republic of The Gambia (2009) 3 CCJLR (pt
2)1 at 45. In the latter case, this Court held that:
"the significance of tile 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.uLe.
II
18. Also in Afulabi v Federal Republic of Nigeria (2008) 3 CCJLR (pt 1 ) page 1 at 15 paragraph 25,
the Court stated the seriousness of the issue of competence and that defect is disastrous and
leads to the procedures becoming nullities, no matter how well conducted the trial might have
been done and itemized the three conditions that must be present for the assumption of
jurisdiction, namely:
(a)
The case must be properly constituted as regards numbers and qualifications of the
members of the panel and no disqualification for any reason whatsoever;
8