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7.2. Whether or not the Community Court has jurisdiction to entertain a suit filed by
an individual against another individual or against a corporate entity, not a Member
State of ECOWAS?
7.3. Whether or not the Plaintiffs’ suit discloses a cause of action against the
Defendants?
8. DISCUSSIONS
8.1. The first issue we shall consider herein is whether or not this Court has in
personam jurisdiction over the Defendants? We say NO.
8.1.1. Just for the sake of emphases and due to the importance of the question of
jurisdiction, we shall reproduce what we earlier declared in this Ruling/Judgment,
that “the issue of jurisdiction is serious and exceptional in all matters so much that it
cannot even be compromised by parties or the court. Parties cannot individually or
by consent or agreement confer a right on an issue bordering on jurisdiction. The
competence of a court to adjudicate upon a matter is a legal and constitutional
prerequisite without which a court is a lame duck. Courts are creatures of statutes
and their jurisdiction is confined, limited and circumscribed by the statutes which
created them. A court cannot in essence give itself or expand its jurisdictional
horizon by misappropriating or misconstruing statutes.” EFCC vs. Ekeocha (2008)
14 NWLR (pt.1106) 161 CA, at 178, supra.
8.1.2. Jurisdiction is fundamental to any judicial proceeding. It must be clearly
shown to exist at the commencement of or during the proceedings otherwise such
proceedings no matter how well conducted and any judgment arising therefrom no
matter how well considered or beautifully written will be a nullity and a waste of
time…” Edet vs. State (2008) 14 NWLR (pt. 1106) 101 CA at pages 66-67 para.
GB ratio 4, supra.
8.1.3. The Revised Treaty of ECOWAS establishing the Community Court of
Justice provides that the Court shall have the jurisdiction to hear cases brought
against Member States of ECOWAS and Community Institutions. Haruna
Warkani & 3 Ors v. ECOWAS Commission & Anor; See also, Supplementary
Protocol (A/SP.1/01/05) Community Court of Justice, Article 9; Jurisdiction of
the Court.