PRAGMATIC DIFFERENCES AND INTERSECTIONS BETWEEN JUSTICIABILITY AND COMPETENCE IN THE ADJUDICATORY PROCESS IN NIGERIA

Adjudication without jurisdiction is a nullity. Justiciability and competence otherwise called locus standi are two of the many factors that can rob the Court of its jurisdiction. Although these two concepts are different, they are often misunderstood to mean the same thing. Deploying the doctrinal research method, this paper considered statutory provisions and judicial decisions on the concepts of justiciability and competence and found that while justiciability relates to the adjudicatory power of the Court over the matter, competence relates to the capacity of the person maintaining the suit. To resolve this quagmire, it was recommended that when objection to jurisdiction is taken, Counsel must be clear on which leg the objection is standing in order to assist the trial Court determine whether objection is taken as to the justiciability or competence or locus standi of the party as this will enhance both the speed and transparency of adjudicatory process.