CORAM
S. M. A. BELGORE JUSTICE, SUPREME COURT
U. A. KALGO JUSTICE, SUPREME COURT
N. TOBI JUSTICE, SUPREME COURT
M. MOHAMMED JUSTICE, SUPREME COURT
W. S. ONNOGHEN JUSTICE, SUPREME COURT
I.F. OGBUAGU JUSTICE, SUPREME COURT
PARTIES
FASAKIN FOODS NIG. LTD
APPELLANTS
MARTINS BABATUNDE SHOSANYA
RESPONDENTS
AREA(S) OF LAW
NATIONAL ASSEMBLY – JURISDICTION OF COURT – INTERPRETATION OF STATUTES – FEDERAL HIGH COURT ACT
SUMMARY OF FACTS
The appellant sued the respondent at the Lagos High Court over some matters that border on the operations of Companies. The High court upheld the preliminary objection of respondent and transferred the matter to the Federal High Court.
HELD
It was held that State High Court has no power to transfer a suit to the Federal High Court.
ISSUES
Whether or not, the trial Court, had the jurisdiction to transfer the said suit to the Federal High Court for hearing and determination
RATIONES DECIDENDI
INTERPRETATION OF STATUTES
‘It is now firmly established, that in the principle of construction or interpretation of a Statute or Constitution, the ordinary meaning of words, apply prima facie’.OGBUAGU JSC
POWER TO MAKE PRACTICE AND PROCEDURE OF THE COURTS
‘It could be seen from the above provisions of the said two Sections, that while only the National Assembly, could make laws, with respect to the practice and procedure in the Federal High Court, the power to make similar laws for the High Court of a State, is vested in the House of Assembly of a State’ OGBUAGU JSC
LACK OF JURISDICTION – EFFECT OF
‘Where a Court holds that it has no jurisdiction, the proper order to make, is to strike out the suit or proceedings. It does not transfer and cannot transfer’ OGBUAGU JSC
CASES CITED
1. Omoijahe u Umoru & Ors. (1999) 5 SCNJ280 ,
2. Ibrahim v Ojomo & 3 Ors. (2004) 4 NWLR (Pt. 862) 89; (2004) 1 SCNJ 309, (2004) 1 S. C. (All)136 & 147,
3. City Engineering (Nig.) Ltd. v Nigerian Airport Authority (1999) 9 SCNJ 263; (1999) 6 S. C (Pt. II) 41 at 47,
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria, 1979
2. Federal High Court Act