INHERENT JURISDICTION OF COURT

• Date: 06 February 2019

(1) "The term "Inherent" is one of wide significance and it can aptly be defined as being the reserve or fund of powers, a residual source of powers, which the Court may draw upon as necessary, whenever it is just and equitable to do so, and in particular to ensure the observance of the due process of law, to prevent improper vexation or oppression, to do justice between the parties, and to ensure a fair trial between them "Jacob the I. J. of the Court 1970 Current Legal Problems Vol. 23 page 51." This definition was adopted and applied by the Court of Appeal of Manitoba in Montreal Trust Co. v. Churchill Forest Industries (Manitoba) Ltd. (1971), 21 Dominion Law Reports (3rd Edition) 75. In Goodson v. Grierson (1980) 1 K.B. 761, it was held inter alia that "It is a jurisdiction which ought to be very sparingly exercised and only in very exceptional cases. I do not think its exercise would be justified merely because the story told in the pleadings were highly improbable and one which it was difficult to believe could be proven." - Per Pemu, J.C.A., in Graseg (Nig.) Ltd. v. R.T.T.B.C. Suit No. CA/L/463/10; (2012) 13 N.W.L.R. (Pt. 1316) 168 at 178.

(2) "An inherent jurisdiction of Court is that power which a Court of law exercises for the purpose of doing substantial justice in any matter with which it is seized under certain peculiar circumstances. The inherent jurisdiction supplements the statutory powers of the Court and is dictated by need for the Court to fulfill itself in order to meet the ends of justice." - Per Mukhtar, J.C.A., in Universal Oil Ltd. v. N.D.I.C. Suit No. CA/L/465/2001; (2008) 6 N.W.L.R. (Pt. 1083) 254 at 266.

(3) "Could the statutory provision for jurisdiction co-exist with the "inherent jurisdiction" or, power of a Court? In my respectful opinion, I most, certainly, think not. Why? Only because and because only "inherent" (derived from the latin verb, "inhereo - inherere", meaning to attach to) in the adjective form qualifying the noun "jurisdiction", or "power" is that "power" or "jurisdiction" which attachs to and inheres in the Court by the very fact, only, that it is a Court. "Inherents jurisdiction" or, power is not a matter for legislation." - Per Nsofor, J.C.A., in Yusuf v. Obasanjo Suit No. CA/A/EP/1/M3/03; (2003) 15 N.W.L.R. (Pt. 843) 293 at 304 - 305.

(4) "The inherent jurisdiction of the Court is exercisable only as part of the process of the administration of justice; it is part of the procedural law, both civil and criminal, and not of substantive law. It is invoked only in relation to the process of litigation. Therefore, if the jurisdiction of the Court is ousted by statute, the inherent jurisdiction of the Court cannot be invoked to circumvent the clear provisions of the statute." - Per Fatayi Williams, J.S.C. in Mabera v. Obi & Ors Suit No. S.C. 315/1971; (1972) 7 N.S.C.C. 575 at 581 - 582.

(5) "The limits of inherent jurisdiction are clearly stated in Akilu v. Fawehinmi (No. 2) (1989) 2 N.W.L.R. (Pt. 102) 122 at 197 per Nnaemeka-Agu, J.S.C. as follows: - "Inherent jurisdiction or inherent power (as it is more commonly called) of Court is that which is not expressly spelt out by the Constitution, or in any statute or rule...