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ISSUES BETWEEN CUSTOMER AND BANKER FALLS WITHIN A STATE HIGH COURT JURISDICTION

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So, where any dispute relates to breach of or non-compliance with certain formalities required by law for the lawful operation of banking business, the matter falls within the jurisdiction of the Federal High Court. See: Merchants Bank Ltd. v. Federal Minister of Finance (1961) All NLR 598. It is to be noted as well, where what is involved is only a dispute between a Bank and its customer in the ordinary cause of banking business, like an action by a bank to recover overdrafts granted to the customer, the Federal High Court has no jurisdiction. It is the State High Court that has jurisdiction in such a case. See: Jammal Steel Structures Ltd. v. African Continental Bank Ltd (1973) 1 All NLR (Pt.11)208; Bronik Motors Ltd & Anor v. Wema Bank Ltd (1983) 1 SCLR 296; FMBN v. NDIC (1999) 2 SCNJ 57 at 82.

— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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MANAGEMENT AND ADMINISTRATION OF COMPANIES FALLS WITHIN THE FEDERAL HIGH COURT JURISDICTION

Matters relating to management and administration of a Company under the Companies and Allied Matters Act fall within the exclusive jurisdiction of the Federal High Court. See: Sken Consult (Nig.) Ltd. & Anor v. Godwin Sekondy Ukey (1981) 1 SC 6; Omisade v. Akande (1987) 2 NWLR (pt.55) 158. Equally, where the suit involves only the interpretation and/or application of the Memorandum and Articles of Association of the Company, it falls within the jurisdiction of the Federal High Court Section 251(1)(e) of the Constitution.

— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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GENERAL DETERMINANTS OF JURISDICTION

In the case of: Ohakim v. Agbaso (2010) 19 NWLR (Pt. 1226) p. 172 at pgs. 243 244, paras. H-B, the Supreme Court restated the purport of the above set out determinants of jurisdiction of Court and the effect where any one of them is lacking, per Muhammad, JSC, as follows: in addition, all law Courts or Tribunals, while exercising their powers must be guided by the general determinants of jurisdiction (a) The statute establishing the Courts/Tribunal. (b) The subject-matter of litigation. (c) The litigating parties. (d) The procedure by which the case is initiated. (e) Proper service of process. (f) Territory where the cause of action arose or, as the case may be, where the defendant resides. (g) Composition of the Court/Tribunal. If any of the above is lacking, then the subject matter, the parties or the composition of the Court/Tribunal is defective which may lead to a nullity.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

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IT IS ONLY SIGNATORIES TO THE ECOWAS TREATY WHO CAN BE SUED BEFORE THE ECOWAS COURT

✓ In the case of JOHNNY KING & 10 Ors V. FEDERAL REPUBLIC OF NIGERIA & 9 Ors ECW/CCJ/RUL/06/19, the Court held that: “The Court has looked at the laws regarding its jurisprudence as well as precedents in this Court, and it is so clear that, it is only member states of ECOWAS who are signatories to the treaties can be brought before this Court for human rights violations and this Court has maintained that position in all its decisions.”
✓ In SERAP V. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & Ors ECW/CCJ/RUL/07/10, The Court confirms that: “In the context and legal framework of ECOWAS, the court stands by its current understanding that only member States and Community Institutions can be sued before it for alleged violation of human right as laid down in Peter David v. Ambassador Ralph Uwechue delivered on 11 th day of June 2010”.

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JURISDICTION OF NIGERIAN COURTS

It is trite law that jurisdiction is the life wire of any case. The jurisdiction of a Court is the authority which the Court has to decide matters that are litigated before it. See RAHMAN BROTHERS LTD v. NPA (2019) LPELR-46415 (SC), NWANZE v. NRC (2022) LPELR 59631 (SC), BANK OF INDUSTRY LTD. v. OBEYA (2021) LPELR 56881 (SC). The jurisdiction of the Court in Nigeria is inherent and is bestowed upon it by Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as altered) (hereinafter referred to as 1999 CFRN). Under Section 6(6) of the 1999 CFRN, the judicial powers of the Court extends to all matters between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.

— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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INITIATING APPLICATION DETERMINES COURT’S JURISDICTION

In Bakary Sarre & 28 Ors vs. Senegal (2011) (unreported) Pg. 11, Para. 25, the Court held that its competence to adjudicate in a given case depends not only on its texts, but also on the substance of the Initiating Application. The Court accords every attention to the claims made by the Applicants, the pleas in law invoked, and in an instance where human right violation is alleged, the Court equally carefully considers how the parties present such allegations.

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FUNDAMENTAL RIGHTS BREACHED, NOT FALLING WITHIN FHC JURISDICTION, WILL BE INSTITUTED AT THE STATE HIGH COURT

Although, unlike the 1979 Constitution, Section 318(1) of the present Constitution does not define “High Court”, there is no doubt that the term carries the same meaning as given by Section 277(1) of the 1979 Constitution to mean Federal High Court or the High Court of a State. Therefore, it is my understanding that where a person’s fundamental right is breached, being breached or about to be breached, that person may apply under section 46(1) to the Judicial division of the Federal High Court in the State or the High Court of the State or that of the Federal Capital Territory in which the breach occurred or is occurring or about to occur. This is irrespective of whether the right involved comes within the legislative competence of the Federation or the State or the Federal Capital Territory, See the case of Minister of Internal Affairs v. Shugaba (1982) 3 NCLR 915. It has to however be noted that the exercise of this jurisdiction by the Federal High Court is where the fundamental right threatened or breached falls within the enumerated matters on which that court has jurisdiction. Thus, fundamental rights arising from matters outside its jurisdiction cannot be enforced by the Federal High Court. See: Tukur v. Government of Gongola State (1989) 3 NSCC 225. Equally, a High Court of a State shall lack jurisdiction to entertain matters of fundamental rights, although brought pursuant to section 46(2) of the Constitution where the alleged breach of such matters arose from a transaction or subject matter which fall within the exclusive jurisdiction of the Federal High Court as provided by Section 251 of the Constitution.

— I.T. Muhammad, JSC. Adetona & Ors. v Igele (2011) – SC.237/2005

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