Federal High Court

The Federal High Court has no jurisdiction in tort of detinue. The appropriate Court, in the circumstance, was the High Court of Delta State. Section 230(1) (p) & (s) of the 1979 Constitution, as introduced thereto by Decree 107 of 1993 is in pari materia with their successors, Section 251(1) (p) & (s) of the 1999 Constitution. By these provisions, the Constitution does not intend to divest the State High Courts of their jurisdiction over disputes relating to torts or simple contracts. This Court makes the point loud and clear in ONUORAH v. KRPC LTD (2005) ALL FWLR (pt. 256) 1356 and all the decisions following which cited it with approval.

IKPEKPE V. WARRI REFINERY & PETROCHEMICAL COMPANY LIMITED &

There is no doubt that by the above provision i.e. Section 230(1) (s) of Decree 107 of 1993 which is in pari material with Section 251(1) (s) of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended)any action or proceeding for a declaration or injunction affecting the validity of any executive or administrative action or decision by the Federal Government or any of its agencies shall be brought before the Federal High Court. I have given a thorough examination of a plethora of cases of this Court on this issue and there is a consistent pronouncement that the Federal High Court does not have jurisdiction to entertain matters relating to simple contracts. It must not be forgotten that I have already held that the claim of the appellant relates to a simple contract of employment which the appellant sought specific performance. This type of claim, definitely, is not contemplated under Section 230(1) (P) (s) of the 1979 Constitution as amended by Decree 107 of 1993. See Onuorah v KRPC Ltd (2005) All FWLR (pt. 256) 1356, Ports and Cargo Handling Services Company Ltd.& Ors v. Migfo Nig Ltd. & Anor (2012) 18 NWLR (pt. 1333) 555, Adelekan v Ecu-Line NV (2006) 12 NWLR (pt 993) 33. In Integrated Timber & Plywood Products Ltd v Union Bank Nigeria (2006) 12 NWLR (pt. 995) 483, this Court held emphatically that in a simple contract (as in this case), it is the High Court and not the Federal High Court that has jurisdiction to entertain and determine it. See also Eze v Federal Republic of Nigeria (1987) LPELR – 1193 (SC) Pp 29 – 30 paragraphs G – F. In a simple contract of employment as in the instant case, there is nothing in Section 230(1) of the 1979 Constitution (as amended) which shows that the Federal High Court is conferred with exclusive jurisdiction to entertain matters arising therefrom. Rather it is the State High Court which continues to have jurisdiction to entertain issues connected therewith as brought by the...