CASE IDENTIFICATION
EDITORIAL SUMMARY
Editorial — not part of the judgment as delivered
Facts of the Case
This appeal concerns the constitutional powers of a State High Court to transfer a matter to the Federal High Court where it lacks jurisdiction. The case originated at the High Court of Lagos State in Suit No. LD/915/83. The trial Judge struck out the suit, apparently on the basis that the court lacked jurisdiction. The appellant appealed to the Court of Appeal, which confirmed the decision of the High Court. Dissatisfied, the appellant further appealed to the Supreme Court.
At the Supreme Court, the Court raised suo motu the question of whether the State High Court had jurisdiction at the time the case came before it in 1983, pursuant to its powers under Order 8 Rules 2(6) and 12(5) of the Supreme Court Rules 1985.
Issues for Determination
ISSUE 1: Whether the State High Court can still exercise the powers hitherto conferred by Section 22(3) of the Federal High Court Act 1973, to transfer to the Federal High Court a matter in which it has no jurisdiction.
ISSUE 2: Whether the State High Court had jurisdiction to entertain the suit in 1983 under Section 236 of the 1979 Constitution (raised suo motu by the Supreme Court).
Decision / Holding
The Supreme Court allowed the appeal and set aside the judgments of the lower courts. The Court held that since the commencement of the 1979 Constitution, the State High Court could no longer exercise the power under Section 22(3) of the Federal High Court Act 1973 to transfer a matter to the Federal High Court. However, the Court raised suo motu the question of jurisdiction and found that the State High Court in fact had jurisdiction under Section 236 of the Constitution to entertain the suit. The Court therefore remitted the case to the Lagos State High Court for trial.
Ratio Decidendi / Principles
APPELLATE PRACTICE — Supreme Court — Power to Raise Issues Suo Motu — Order 8 Rules 2(6) and 12(5) of Supreme Court Rules 1985 “The court raised suo motu the question of the jurisdiction of the State High Court at the time the case came before it in 1983. This was raised pursuant to the powers of this court under Order 8 Rules 2(6) and 12(5) of the Supreme Court Rules 1985.” Per Nnamani, JSC, in Awoleye v. Board of Customs and Excise & Anor (1990) NLC-81987(SC) at p. 1; Paras A–C.
JURISDICTION — State High Court — Power to Transfer to Federal High Court — Effect of 1979 Constitution “The law is well settled that since the commencement of the Constitution of the Federal Republic of Nigeria 1979, the State High Court can no longer exercise the power hitherto conferred by Section 22(3) of the Federal High Court Act 1973 to transfer to the Federal High Court a matter before it in which it had no jurisdiction.” Per Nnamani, JSC, in Awoleye v. Board of Customs and Excise & Anor (1990) NLC-81987(SC) at p. 1; Paras A–C.
JURISDICTION — State High Court — Jurisdiction under Section 236 of 1979 Constitution “There is no doubt that the State High Court in the present suit had jurisdiction pursuant to Section 236 of the Constitution. If the learned trial Judge had adverted to this matter, he would not have struck out the case and this long journey to this court would have been averted.” Per Nnamani, JSC, in Awoleye v. Board of Customs and Excise & Anor (1990) NLC-81987(SC) at p. 1; Paras D–A.
Orders of Court
(1) The appeal is allowed.
(2) The judgments of the High Court and the Court of Appeal are set aside.
(3) Suit No. LD/915/83 is remitted to the High Court of Lagos State for trial.
(4) There is no order as to costs.
APPEARANCES
Counsel for the Appellant(s)
M. A. Shode
Counsel for the Respondent(s)
O. O. Fakunle (Senior Law Officer)
Amicus Curiae
None
JUDGMENTS / OPINIONS OF THE COURT
Authoritative judicial text as delivered
Lead / Majority Opinion
— (DELIVERED BY AUGUSTINE NNAMANI, J.S.C. (DELIVERING THE LEADING JUDGMENT))
Having heard learned Counsel to the parties, and having read the proceedings, I am of the view that the law is well settled that since the commencement of the constitution of the Federal Republic of Nigeria 1979, the State High Court can no longer exercise the power hitherto conferred by Section 22(3) of the Federal High Court Act 1973 to transfer to the Federal High Court a matter before it in which it had no jurisdiction. Being of this view, the court however raised suo motu the question of the jurisdiction of the State High Court at the time the case came before it in 1983. This was raised pursuant to the powers of this court under Order 8 Rules 2(6) and 12(5) of the Supreme Court Rules 1985. There is no doubt that the State High Court in the present suit had jurisdiction pursuant to Section 236 of the Constitution. I am of the view that if the learned trial Judge had adverted to this matter, he would not have struck out the case and this long journey to this court would have been averted. In the circumstances, I would allow the appeal, set aside the judgments of the High Court and the Court of Appeal and order that the suit no. LD/915/83 be taken by the High Court of Lagos State. No order as to costs.
P.1
Concurring Opinion(s)
— MUHAMMADU LAWAL UWAIS, J.S.C.
I agree with the judgment read by my learned brother Nnamani, J.S.C. Accordingly, I too will allow the appeal on the point this court raised suo motu. The decision of the Court of Appeal is hereby set aside. The case is remitted to the Lagos State High Court for trial. No order as to costs.
— SAIDU KAWU, J.S.C.
I agree that the Court of Appeal was wrong to have confirmed the decision of the High Court striking out the suit. Accordingly I will allow the appeal.
— ABDUL GANIYU OLATUNJI AGBAJE, J.S.C.
I agree entirely with the judgment just delivered by my learned brother Nnamani, J.S.C.
— PHILIP NNAEMEKA-AGU, J.S.C.
I entirely agree with the judgment of my learned brother, Nnamani, J.S.C., just delivered and have nothing to add. I subscribe to the orders made in the said judgment.
P.2
Appeal allowed.
Dissenting Opinion(s)
None
REFERENCES
Research enhancement — dynamically linked
Referenced Statutes
Constitution of the Federal Republic of Nigeria, 1979 — Section 236 — Cited at p. 1
Federal High Court Act, 1973 — Section 22(3) — Cited at p. 1