AWOLEYE V. BOARD OF CUSTOMS

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AWOLEYE V. BOARD OF CUSTOMS

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103

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AWOLEYE V. BOARD OF CUSTOMS

E.T. AWOLEYE

V

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BOARD OF CUSTOMS AND ANON.

SUPREME COURT OF NIGERIA

NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

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KAWU,

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J.S.C.

AGBAJE,

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J.S.C.

16th January, 1990.

APPELLANT

RESPONDENTS

SUIT NO. SC 8/1987

Practice and Procedure - Transfer of action - Power of State High Court to transfer matters

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before it in which it has on jurisdiction to Federal High Court - Section 22(3) Federal

High Court Act, 1973 - Effect of 1979 Constitution.

Court - State High Court - Power of transfer of actions - Power of State High Court to transfer

to the Federal High Court a matter before it in which it has no jurisdiction since the

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commencement of the 1979 Constitution - Section 22(3) Federal High Court Act, 1973.

Constitutional Law - State High and Federal High Court - Power of transfer from State High

Court in respect of matters in which it has no jurisdiction to Federal High Court since

the commencement of the 1979 Constitution - Section 22(3) Federal High Court Act,

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1973, Sections 234 1979 Constitution.

ISSUES:

1.

Whether a State High Court has unlimited jurisdiction over cases before it.

2.

Whether a State High Court has power to transfer a matter in which it has no

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jurisdiction to the Federal High Court.

FACTS:

The appellant at the High Court of Lagos State claimed against the respondents

jointly and severally the sum of N546,000.00 for appellants' goods unlawfully con-

verted to the respondents' use. The respondents' counsel brought an application

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before the court that the High Court of Lagos State has no jurisdiction to entertain

the matter which is in respect of customs matters vested only in the Federal High

Court by virtue of section 7 of the Federal High Court Act, 1973. The trial judge

allowed the application and struck out the case.

On appeal to the Court of Appeal, appellant's appeal was dismissed. Appellant

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further appealed to the Supreme Court and the Supreme Court

suo motu

raised the

question of jurisdiction of the State High Court to entertain the action.

HELD:

1.

That the State High Courts are, by virtue of the powers of section 236 of the 1979

Constitution, courts of unlimited jurisdiction and can no longer transfer cases to

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the Federal High Court.

2.

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. However, in

the instant case, the State High Court had jurisdiction pursuant to section 236 of