CIVIL PROCEDURE — Jurisdiction — Federal High Court — Subject matter and parties both relevant in determining jurisdiction under Section 251 of 1999 Constitution
Ratio Decidendi
Per Chukwuma-Eneh, JSC (adopting Tobi, JSC), in National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC) at p. 32; Paras C–E:
"In construing Section 230(11) of the 1979 Constitution as amended, two important matters arise. They are the parties in the litigation as well as the subject matter of the litigation. The court must consider both."
Explanation / Scope
This principle establishes that in determining the jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution, both the parties to the litigation and the subject matter of the litigation must be considered. The principle applies where jurisdiction is challenged. It ensures that jurisdiction is determined comprehensively. The principle reflects that both elements are essential. It prevents courts from considering only one aspect. The court must examine both the parties and the subject matter. The principle provides guidance on determining Federal High Court jurisdiction.