LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Federal Government Agency — Staff of statutory corporation not determinative of agency status
PRINCIPLE STATEMENT
A statutory corporation cannot be regarded as a Federal Government agency simply because its staff are defined as persons working in the public service of the Federation under the Constitution; that definition has a limited connotation.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FMBN v. Olloh (2002) NLC-1181997(SC) at pp. 4–5; Paras A–E.
"The appellant cannot be regarded as a Federal Government agency simply because its staff are by definition under section 277(1) of the 1979 Constitution referred to as persons working in the public service of the Federation. That is not a criterion and it should in addition be said that that definition has a limited connotation which does not even make such staff Federal Government employees."
EXPLANATION / SCOPE
The constitutional definition of “public service” for staff purposes does not make a statutory corporation a Federal Government agency. The definition has limited application. Agency status depends on the enabling statute and degree of government control. The principle prevents automatic classification based on staff definition alone. The court examines the corporation’s legal status and functions. The rule applies to jurisdiction disputes between the Federal High Court and State High Courts. The corporation may be a distinct legal entity. The court will not conflate staff status with agency status. The principle ensures correct jurisdictional classification.
