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OLADELE FUNSHO OLADIPO v. NIGERIA CUSTOMS SERVICE BOARD

(2009) JELR 47429 (CA)

Court of Appeal  •  CA/IL/51/2007  •  27 Mar 2009  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA IGNATIUS IGWE AGUBE JCA CHIMA CENTUS NWEZE JCA

Judgement


CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): It is very worrisome that thirty six years after its creation, the determination of the question of the precise ambit of the substantive jurisdiction of the Federal High Court has continued to excite curious reactions and provoke divergent interpretations.

The chequered movement of this case exemplifies the odd consequence of this state of affairs. Whereas the Federal High Court holden at Ilorin declined the invitation to adjudicate on the matter on the ground that it lacked the jurisdiction to do so, the State High Court equally chased the plaintiff away from the temple of justice, pleading the same want of jurisdiction.

The effect is that the appellant, like the bat which is neither a bird nor a mammal, has been unable to ventilate his grievance in either of the courts since 2002 when he took out his writ of summons. This speaks ill of our jurisprudence.

The plaintiff, a registered Estate Surveyor and Valuer, sued the Nig…

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