G.A. OGUNTADE, J.S.C. (Delivering the Leading Judgment): : I have given consideration to the facts relied upon in support of the application and the submission on law by counsel. The submission of Mr. Taiwo Abe for the 3rd and 4th respondents that all the grounds of appeal challenging the exercise of discretion must of necessity be of mixed law and fact is untenable. There is no dispute that the 1st, 2nd, 3rd and 4th respondents had been the plaintiffs before the Federal High Court of FCT., Abuja. That court declined jurisdiction. The 3rd and 4th respondents brought an appeal against the judgment of the High Court of FCT. The appeal on jurisdiction is yet to be decided. The court below's duty guided by the appeal before it is to determine the issue of jurisdiction. A court without jurisdiction cannot make valid orders.
In other words, the High Court could not have made the orders made by the court below as it said it had no jurisdiction to hear the suit. The first mid primary duty of…