JURISDICTION — Exclusive Jurisdiction of Federal High Court — Simple Contract Not Included Under 1979 Constitution
Principle Statement
A close examination of the additional jurisdiction conferred on the Federal High Court under the 1979 Constitution shows that the court was not conferred with jurisdiction to entertain claims founded on contract as in this case. Disputes founded on contracts are not among those included in the additional jurisdiction.
Ratio Decidendi (Source)
Per Akintan, JSC, in Onuorah v. KRPC Ltd. (2005) NLC-2932000(SC) at p. 7; Paras A–C.
"A close examination of the additional jurisdiction conferred on the Federal High Court in the section and by the 1979 Constitution clearly shows that the court was not conferred with jurisdiction to entertain claims founded on contract as in the instant case. …disputes founded on contracts are not among those included in the additional jurisdiction conferred on the Federal High Court, that court therefore, had no jurisdiction to entertain the appellant's claim."
Explanation / Scope
The Federal High Court’s exclusive jurisdiction under the 1979 Constitution (as amended) does not include simple contract claims. Contract disputes remain within the residual jurisdiction of State High Courts. The principle applies to constitutional and jurisdictional law. The rule limits the Federal High Court’s subject matter jurisdiction. The plaintiff cannot invoke the Federal High Court’s jurisdiction for a pure contract claim. The matter must be brought in the State High Court.
