AWOLEYE
V.
BOARD OF CUSTOMS AND EXCISE & ANOR.

(1990) JELR 40112 (SC)    

Supreme Court  ·  SC.8/1987 ·  16 Jan 1990 ·  Nigeria
 · 
Other Citations
Awoleye v. B.O.C.E. (1990) 2 NWLR (Pt.133)490 (1990) 1 All N.L.R 127 (1990) 1 S.C 146
Awoleye v. B.O.C.E. (1990) 2 NWLR (Pt. 133) 490
CORAM
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
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NNAMANI, J.S.C.:- (Delivering the Leading Judgment): 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…

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