CIVIL PROCEDURE — Jurisdiction — Exclusive Jurisdiction of Federal High Court — Matters Arising from Operation of Companies and Allied Matters Act
Ratio Decidendi
Per Onnoghen, JSC, in Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC) at p. 8; Paras A–C:
"Looking at the reliefs claimed in this action, it is very clear that the action concerns the internal wrangling within the Church involving the day to day business of the Church. They have nothing to do with the control or operation of the body under the Companies and Allied Matters Act or principles formulated by the courts under common law, relating thereto."
Explanation / Scope
This principle establishes that internal disputes of a church or association concerning day-to-day business do not fall within the exclusive jurisdiction of the Federal High Court under CAMA. The principle applies where jurisdiction of the Federal High Court is invoked based on CAMA. It ensures that only matters concerning the control or operation of companies under CAMA fall within the Federal High Court’s exclusive jurisdiction. The principle reflects the limits of the Federal High Court’s jurisdiction. It prevents the Federal High Court from being cluttered with internal disputes. The court must examine the nature of the dispute. The principle provides guidance on the scope of the Federal High Court’s exclusive jurisdiction.