LEGAL PRINCIPLE: JURISDICTION — Jurisdiction of State High Court — Effect of Decree No. 107 of 1993 on Pending Actions Against Federal Agencies
PRINCIPLE STATEMENT
By Decree No. 107 of 1993, section 230 of the 1979 Constitution conferred exclusive jurisdiction on the Federal High Court. The amendment vested jurisdiction in the court on 18 major items, including section 230(1)(s). The action commenced by the appellant comes within the purview of that provision.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Olutola v. University of Ilorin (2004) NLC-2111999(SC) at pp. 26–27; Paras C–B.
"By the amendment in Decree No. 107 of 1993, section 230 of the 1979 Constitution conferred far reaching additional jurisdiction on the court. And the additional jurisdiction was exclusive to the court. The opening words of section 230(1) of the 1979 Constitution, as amended, provided as follows: 'Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly or a Decree, the Federal High Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters arising from …' The amendment vested jurisdiction on the court in 18 major items … For the purpose of this appeal, it is the amendment in section 230 (1) (s) that is important … It is my view that the action commenced by the appellant comes within the purview of the above provision."
EXPLANATION / SCOPE
Decree No. 107 of 1993 amended section 230 of the 1979 Constitution to confer exclusive jurisdiction on the Federal High Court over specified matters. Section 230(1)(s) covers actions affecting federal government or agency decisions. The principle applies to constitutional and statutory jurisdiction. The rule divested State High Courts of jurisdiction over such matters. Pending actions commenced before the decree may be affected.
