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NATIONAL ELECTRIC POWER AUTHORITY APPELLANT VS MR. B. EDEGBERO & ORS

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NATIONAL ELECTRIC POWER AUTHORITY APPELLANT VS MR. B. EDEGBERO & ORS

Legalpedia Citation: (2002) Legalpedia (SC) 21813

In the Supreme Court of Nigeria

Fri Dec 13, 2002

Suit Number: SC. 37/2001

CORAM


AYO GABRIEL IRIKEFE,JUSTICE, SUPREME COURT

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT

ALOYSIUS IYORGYER KATSINA-ALU


PARTIES


NATIONAL ELECTRIC POWER AUTHORITY APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondents instituted action against the appellant for wrongful termination of employment in the High Court.   ?


HELD


The court held that the High Court had no jurisdiction in any matter involving the Federal Government or any of its agencies


ISSUES


Whether the High Court had jurisdiction to hear and determine an action against a Federal Government Agency in view of the Constitution (Suspension and Modification) Decree 107 of 1993.


RATIONES DECIDENDI


JURISDICTION OF STATE HIGH COURT OVER MATTERS CONCERNING THE FEDERAL GOVERNMENT OR ITS AGENCY


The aim of paragraphs (q),(r) and (s) of sub-section (1) of section 230 of the 1979 constitution as amended was to vest exclusive jurisdiction in the Federal High Court in matters in which the Federal Government or any of its agents was a party. A State High Court would no longer have jurisdiction in such matters notwithstanding the nature of the claim in the action – Ogundare J.S.C


CASES CITED


Nigerian Deposit Insurance Corporation (Liquidator of United Commercial Bank Ltd.) v. Federal Mortgage Bank of Nigeria Ltd. (1997) 2 NWLR 735 at 756; Ona v. Atanda (2000) 5 NWLR 244 Egbuonu v. Borno Radio (1997) 12 SCNJ 99; (1997)12 NWLR 29


STATUTES REFERRED TO


The 1979 Constitution as amended ?


CLICK HERE TO READ FULL JUDGMENT

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