LEGAL PRINCIPLE: JURISDICTION — Statutory Ouster of State High Court Jurisdiction — Decree No. 107 of 1993 Divests State High Courts of Jurisdiction Over Federal Agencies
PRINCIPLE STATEMENT
The effect of section 230(1)(s) of the 1979 Constitution as amended by Decree No. 107 of 1993 is to oust the jurisdiction of State High Courts in actions seeking declarations or injunctions affecting the validity of any executive or administrative action or decision of the Federal Government or any of its agencies.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Olutola v. University of Ilorin (2004) NLC-2111999(SC) at pp. 28–29; Paras E–A.
"The effect of section 230(1) (s) of the 1979 Constitution as amended by the Constitution (Suspension and Modification) Decree No. 107 of 1993 is to oust the jurisdiction of the State High Courts in actions and proceedings in which the reliefs sought are for declarations or injunction affecting the validity of any executive or administrative action or decision of the Federal Government or any of its agencies."
EXPLANATION / SCOPE
State High Courts have no jurisdiction over actions seeking declarations or injunctions affecting federal government or agency actions. The Federal High Court has exclusive jurisdiction under Decree No. 107 of 1993. The principle applies to constitutional and statutory jurisdiction. The rule ousts State High Court jurisdiction over federal administrative decisions. The relief sought (declaration or injunction) triggers the exclusive jurisdiction. Federal agencies can only be sued on such matters in the Federal High Court.
