Legalpedia Citation: (2011-03) Legalpedia (SC) 23450
In the Supreme Court of Nigeria
Fri Mar 11, 2011
Suit Number: SC. 266/2006
CORAM
MUSA DATTIJO MUHAMMADU JUSTICE, SUPREME COURT
PARTIES
ISAAC OBIUWEUBI APPELLANTS
CENTRAL BANK OF NIGERIA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant’s appointment was terminated in 1987, he filed an action in 1988 at the Lagos high court but trial did not commence till after jurisdiction over matters involving federal government and its agencies had been vested in the Federal High Court in 1993. ?
HELD
The court held that the Lagos State High Court lacks jurisdiction to entertain the matter.
ISSUES
1. Whether the High Court of Lagos had jurisdiction to hear and determine the suit which was brought before it by the appellant in view of the Constitution. (Suspension and Modification) Decree 107 of 1993 and the 1999 Constitution?
RATIONES DECIDENDI
JURISDICTION OF STATE HIGH COURT UNDER DECREE 107 1993.
“For the State High Court to have jurisdiction under Decree 107 of 1993 the cause of action must arise before the 7th of November, 1993 and the trial must also be in progress before the said date.” Per Rhodes-Vivour J.S.C
CASES CITED
O.H.M.B. v Garba 2002 7SC(Pt 11) p138 Olutola v Unilorin 2004 18NWLR Pt 905 p416Osakue v F.C.E. 2010 2-3 SC (Pt 111) p158?
STATUTES REFERRED TO
Decree No.l07 of 1993The Constitution of the Federal Republic of Nigeria 1979The Constitution of the Federal Republic of Nigeria 1999