JURISDICTION — Exclusive Jurisdiction of Federal High Court — Breach of Contract Simpliciter Falls Within State High Court’s Residual Jurisdiction
Principle Statement
Section 230(1) of the 1979 Constitution as amended by Decree No. 107 of 1993 shows that action for breach of contract simpliciter is not included in the exclusive jurisdiction of the Federal High Court; rather, it falls within the residual jurisdiction of the State High Court.
Ratio Decidendi (Source)
Per Edozie, JSC, in Onuorah v. KRPC Ltd. (2005) NLC-2932000(SC) at p. 12; Paras B–D.
"A careful perusal of sub-section 230(1) of the 1979 Constitution as amended by Decree No. 107 of 1993 which set out matters under the exclusive jurisdiction of the Federal High Court show clearly that action for the breach of contract, simpliciter, such as the plaintiff/appellant's claim is not included in the sub-section rather, it falls within the residual jurisdiction of the State High Court pursuant to section 230(1) of the 1979 Constitution…"
Explanation / Scope
Simple breach of contract claims are within the residual jurisdiction of State High Courts, not the exclusive jurisdiction of the Federal High Court. The Federal High Court’s exclusive jurisdiction covers specific enumerated matters. The principle applies to constitutional and jurisdictional law. The rule preserves the State High Courts’ general jurisdiction over contract disputes. The plaintiff may bring a simple contract claim in the State High Court.
