LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — State High Court — Jurisdiction over disputes between bank and customer
PRINCIPLE STATEMENT
The provision of section 230(1)(d) of the 1979 Constitution, specially made for banks and banking, applies to a bank even if it is also a Federal Government agency, to the exclusion of the general provision covering agencies.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FMBN v. Olloh (2002) NLC-1181997(SC) at pp. 6–7; Paras A–E.
"The provision of section 230(1)(d) being specially made for banks and banking etc, must be read in the present case in relation to the appellant to the exclusion of any general provision which might also have covered the appellant, were it a Federal Government agency even though a bank."
EXPLANATION / SCOPE
Section 230(1)(d) of the 1979 Constitution gives the Federal High Court jurisdiction over banks and banking matters. This special provision applies to a bank even if it is also a Federal Government agency. The general provision covering agencies does not override the special provision. The principle ensures that the specific provision prevails. The rule applies to disputes between a bank and its customer. The State High Court retains jurisdiction over non-banking matters. The court will apply the special provision. The principle promotes certainty in jurisdictional classification. The rule is based on the maxim generalia specialibus non derogant (general things do not derogate from special things).
