However, what the learned senior Counsel failed to realize is the fact that the presence of the 2nd Appellant, the National Judicial Council and the Honourable Attorney General of the Federation as parties in the case, had pulled in a feature in the case which brought it out of the jurisdiction of the High Court taking into consideration the decision of this Court in Madukolu v. Nkemdelim (supra) earlier quoted in this judgment.
– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)
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A successful party is entitled to costs unless there are special reasons why he should be deprived of his entitlement. In making an award of costs, the Court must act judiciously and judicially. That is to say with correct and convincing reasons. See Per RHODES-VIVOUR, JSC in NNPC V. CLIFCO NIG. LTD (2011) LPELR-2022(SC) (P. 23, PARAS. D-A).
— U.M. Abba Aji, JSC. Cappa v NDIC (2021) – SC.147/2006
In Commerce Assurance v. Alli (1986) 3 NWLR (Pt. 29) 404, (1992) 3 NWLR (Pt.232) 710 at 725 paragraph E, the Supreme Court per Nnaemeka-Agu JSC said: “The underlying principle is that parties to a dispute have a choice. They may resort to the normal machinery for administration of justice by going to the regular courts of the land and have their disputes determined both as to the fact and to the law, by the courts. Or, they may choose the arbitrator to be Judge between them. If they take the latter course, they cannot when the award is good on the face of it, object to the award on grounds of law or of facts.”
The law therefore is that although in the regular Courts, the issue of jurisdiction can be raised at all stages of the proceedings of a case; from the trial to the final appellate, where a statute prescribed the stage at which the issue is to be raised in the course of the proceedings of a case, the issue cannot be validly and properly raised at any other stage other than the one stipulated in the statute. The general principle applies only where there was no statutory provision as to the particular or specific stage of the proceedings of a case at which the issue of jurisdiction is to be raised by a party.
– Garba, JCA. Dunlop v. Gaslink (2018)
Illegality of a contract or transaction, whenever it is raised as a defence to a claim founded on the said transaction, impacts on the jurisdiction of the court. When the contract on which the plaintiff sues is ex facie illegal, the courts will decline to enforce it for the courts exercise their jurisdiction only to administer the law of the land. They do not exercise their jurisdiction to help the Plaintiff break the law. See GEORGE & ORS v. DOMINION FLOUR MILLS LTD (1963) 1 ALL NLR 71; IBRAHIM v. OSIM (1988) NWLR 257; BARCLAYS BANK D.O.C. v, MEMUNATU HASSAN (1961) ALL NLR 836.
— E. Eko, JSC. CITEC v. Edicomisa (2017) – SC. 163 2006
It is a cardinal principle of law that jurisdiction is fundamental to the determination of a suit, as unless a court is competent, it cannot exercise jurisdiction over a suit to the extent of deciding on it.
– Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005
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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