LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction – Effect of Transfer Order on Court’s Jurisdiction
PRINCIPLE STATEMENT
Once the trial judge exercised his power of transfer to a Magistrate Court for trial from the three cases consolidated by him, he has no power of staying that transfer especially when the parties never prayed for it. After exercising his powers of transfer to Magistrate Court S.46(1) High Court Law of Eastern Nigeria he was functus officio to deal with the matter.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Iloabuchi v. Ebigbo & Anor (2000) NLC-1061994(SC) at p. 21; Paras C–D.
"Once the trial judge exercised his power of transfer to a Magistrate Court for trial from the three cases consolidated by him, he has no power of staying that transfer especially when the parties never prayed for it. After exercising his powers of transfer to Magistrate Court S.46(1) High Court Law of Eastern Nigeria he was functus officio to deal with the matter."
EXPLANATION / SCOPE
Once a court exercises its statutory power to transfer a matter to another court, it becomes functus officio—without further authority over the transferred matter. The transferring court cannot subsequently stay or recall the transfer, especially where no party applied for such relief. The jurisdiction over the matter vests in the transferee court. This principle ensures finality in transfer orders and prevents forum-shopping. A party aggrieved by a transfer must challenge it by appeal, not by seeking to revive the transferring court’s jurisdiction after it has been exhausted.