MICHAEL OKAROH VS THE STATE
July 16, 2025OZAKI & ANOR VS THE STATE
July 16, 2025Legalpedia Citation: (1990-01) Legalpedia 76662 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Tue Jan 16, 1990
Suit Number: SC/ 8/1987
CORAM
A. NNAMANI, JUSTICE SUPREME COURT
M.L.UWAIS, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
A.G.O.AGBAJE, JUSTICE SUPREME COURT
P.N.AGU, JUSTICE SUPREME COURT
PARTIES
E.T. AWOLEYE
APPELLANTS
BOARD OF CUSTOMS AND EXCISE
RESPONDENTS
AREA(S) OF LAW
JURISDICTION
SUMMARY OF FACTS
Before the commencement of the 1979 Constitution, this case was transferred by the State High Court to the Federal High Court. Hence the appeal.
HELD
It held that the State High court has jurisdiction and was wrong to have declined jurisdiction and order the transfer of the case to the Federal High Court.
ISSUES
None.
RATIONES DECIDENDI
TRANSFER OF CASES FROM STATE HIGH COURT TO FEDERAL HIGH COURT
“I am of the view that the law is well settled that since the commencement of the Constitution of the Federal Republic of Nigeria, 1979, the State High Court can no longer exercise the power hitherto conferred by Section 22(3) of the Federal High Court Act, 1973, to transfer to the Federal High Court a matter before it in which it had no jurisdiction”. (Per Nnamani, JSC)
CASES CITED
None.
STATUTES REFERRED TO
1. The constitution of the Federal Republic of Nigeria, 179.
2. The Federal High Court Act, 1973.
