E. T. Awoleye Vs Board Of Customs And Another (1990)

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NNAMANI, J.S.C.

Having heard learned counsel to the parties, and having read the proceedings, 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. Being of this view, the court however raised suo motu the question of the jurisdiction of the State High Court at the time the case came before it in 1983. This was raised pursuant to the powers of this court under order 8 rules 2(6) and 12(5) of the Supreme Court Rules 1985.

There is no doubt that the State High Court in the present suit had jurisdiction pursuant to section 236 of the constitution. I am of the view that if the learned trial Judge had adverted to this matter, he would not have struck out the case and this long journey to this court would have been averted. In the circumstances, I would allow the appeal, set aside the judgments of the High Court and the Court of Appeal and order that the suit no. LD/915/83 be taken by the High Court of Lagos State. No order as to costs.

UWAIS, J.S.C.:- I agree with the judgment read by my learned brother Nnamani, J.S.C. Accordingly, I too will allow the appeal on the point this court raised suo motu. The decision of the Court of Appeal is hereby set aside. The case is remitted to the Lagos State High Court for trial. No order as to costs.

Other Citation: (1990) LCN/2448(SC)