JURISDICTION ā Federal High Court ā Exclusive Jurisdiction ā Section 251(1)(e) of 1999 Constitution
Principle Statement
The Federal High Court has exclusive jurisdiction in actions concerning legislations including subsidiary legislations, and common law principles regulating companies or operation of companies such as removal or change of Registered Trustees, alteration of share holdings, winding up or dissolution of companies/associations which are matters relating to regulation of the operations of companies under the Companies and Allied Matters Act.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC) at p. 8; Paras CāD.
"The Federal High Court has exclusive jurisdiction in actions concerning legislations including subsidiary legislations, and common law principles regulating companies or operation of companies such as removal or change of Registered Trustees, alteration of share holdings, winding up or dissolution of companies/associations which are matters relating to regulation of the operations of companies under the Companies and Allied Matters Act."
Explanation / Scope
This principle defines the scope of the Federal High Court’s exclusive jurisdiction under Section 251(1)(e) of the Constitution. It covers actions concerning legislation and common law principles regulating companies, including removal of trustees, alteration of shareholdings, winding up, and dissolution. The principle applies where the Federal High Court’s jurisdiction is invoked. It ensures that only specified company law matters fall within its exclusive jurisdiction. The principle reflects the constitutional allocation of jurisdiction. It prevents the Federal High Court from hearing matters outside its exclusive jurisdiction. The court must determine if the matter falls within the specified categories. The principle provides guidance on the scope of the Federal High Court’s exclusive jurisdiction.
