LEGAL PRINCIPLE: JURISDICTION — Exclusive Jurisdiction of Federal High Court — Banking Matters Distinguished from Tort of Conversion
PRINCIPLE STATEMENT
A State High Court has no jurisdiction in matters under section 230(1)(d) of Decree 107 except disputes between an individual customer and his bank. Items listed under that section can be determined exclusively by the Federal High Court.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Trade Bank Plc v. Benilux (Nig.) Ltd (2003) NLC-1862000(SC) at pp. 4–5; Paras D–A.
"A State High Court has no jurisdiction in matters provided under section 230(1)(d) of Decree 107 except disputes between an individual customer and his bank in respect of a transaction between the individual customer and the bank. In other words, section 230(1)(d) of Decree 107 provides a limitation to the general and all embracing jurisdiction of a State High Court. Items listed under section 230(1)(d) of Decree 107 can be determined, exclusively only by the Federal High Court."
EXPLANATION / SCOPE
The Federal High Court has exclusive jurisdiction over banking matters under section 230(1)(d). The principle applies to constitutional law. State High Courts are excluded except for individual customer disputes. The rule ensures proper jurisdictional allocation. The court will examine the nature of the claim. The principle is well-established.
