LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Legislative Powers — Federal High Court Jurisdiction — Banking disputes between individual customer and bank
PRINCIPLE STATEMENT
Paragraph (d) of section 230(1) of the 1979 Constitution is a special provision for banks and banking; it applies to a bank that is also a Federal Government agency, rather than the general provision for agencies in paragraph (s).
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FMBN v. Olloh (2002) NLC-1181997(SC) at pp. 5–6; Paras A–E.
"Paragraph (d) of section 230(1) specifically provides for banks and banking inter alia and is a special provision. Assuming therefore that the appellant is a Federal Government agency, it would be both a bank and a Federal Government agency. Paragraph (s) of section 230(1) is applicable to agencies generally. It follows, in my view, that paragraph (d) rather than paragraph (s) is applicable specially to the appellant."
EXPLANATION / SCOPE
Where an entity is both a bank and a Federal Government agency, the special provision for banks (paragraph d) prevails over the general provision for agencies (paragraph s). The principle ensures that the specific jurisdictional grant is not overridden. The rule applies to disputes between a bank and its customer. The State High Court has jurisdiction over non-banking disputes involving the same entity. The court will apply the special provision. The principle is based on the maxim generalia specialibus non derogant. The classification depends on the nature of the dispute. The rule promotes correct jurisdictional allocation.
