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  • Re: WHICH COURTS WILL HAVE JURISDICTION IN THE FOLLOWING MATTERS?

    In the last post I asked a question as to what court will have jurisdiction in certain matters. I will go on to answer the questions in this post.

    Before I go into that, it will be pertinent to state that jurisdiction is derived from Law. So in determining which courts will have jurisdiction, you should look at the Constitution or the relevant Statute.

    In a civil suit you should also look at the statement of claim and the parties to the suit. See Madukolu v Nkemdilim

    Now to the question at hand:

    1. A dispute between the Federal Government and Lagos State Government on division of money in the Federation Account.

    The Supreme Court will have jurisdiction by virtue of Section 232 of the Constitution.

    2. Dispute between the President of Nigeria and the Governor of Lagos on some Federal Vehicles seized at the Lagos Port.

    Section 232 of the Constitution would not apply and the Federal High Court will have jurisdiction. (See AG Lagos State v AG Federation, in that case the court held that for the Supreme Court to assume jurisdiction the subject matter must be such that affects the Federation or a State as a corporate entity, if it doesn't the section will not apply and the Federal High Court will have jurisdiction).

    3. Dispute between the Federal Ministry of Health and the Ogun State Government.

    Same as question 2. Authority is AG Lagos State v AG Federation. The Federal High Court will have jurisdiction.

    4. Dispute between the Senate of Nigeria and the President on the Veto power of the President.

    The Federal High Court will have jurisdiction., but assuming it is between the National Assembly and the President, the Supreme Court will have jurisdiction by virtue of Section 1 of the Supreme Court Additional Original Jurisdiction Act.

    5. Dispute between two private persons on a land situate in Lagos which total value is one million naira.

    The High Court of a State will have jurisdiction by virtue of 272 of Constitution.

    7. Action for recovery of debt of the Value of two hundred thousand.

    (My answer here will be based on Lagos State). Three courts will have jurisdiction.

    a. The Small Claims Court: By virtue of Section 1 of the Small Claims Court Practice Directions, the small claims court will have jurisdiction.

    b. The Magistrate Court: By virtue of section 28 of the Magistrate Court Law of Lagos State, the Magistrate Court will have jurisdiction.

    c. The High Court of a State: By virtue of section 272 of the Constitution the High Court of a State will have jurisdiction.

    8. Dispute as to the validity of the Election of the President of Nigeria.

    The Court of Appeal will have jurisdiction by virtue of Section 239 of the Constitution.
    Re: WHICH COURTS WILL HAVE JURISDICTION IN THE FOLLOWING MATTERS? In the last post I asked a question as to what court will have jurisdiction in certain matters. I will go on to answer the questions in this post. Before I go into that, it will be pertinent to state that jurisdiction is derived from Law. So in determining which courts will have jurisdiction, you should look at the Constitution or the relevant Statute. In a civil suit you should also look at the statement of claim and the parties to the suit. See Madukolu v Nkemdilim Now to the question at hand: 1. A dispute between the Federal Government and Lagos State Government on division of money in the Federation Account. The Supreme Court will have jurisdiction by virtue of Section 232 of the Constitution. 2. Dispute between the President of Nigeria and the Governor of Lagos on some Federal Vehicles seized at the Lagos Port. Section 232 of the Constitution would not apply and the Federal High Court will have jurisdiction. (See AG Lagos State v AG Federation, in that case the court held that for the Supreme Court to assume jurisdiction the subject matter must be such that affects the Federation or a State as a corporate entity, if it doesn't the section will not apply and the Federal High Court will have jurisdiction). 3. Dispute between the Federal Ministry of Health and the Ogun State Government. Same as question 2. Authority is AG Lagos State v AG Federation. The Federal High Court will have jurisdiction. 4. Dispute between the Senate of Nigeria and the President on the Veto power of the President. The Federal High Court will have jurisdiction., but assuming it is between the National Assembly and the President, the Supreme Court will have jurisdiction by virtue of Section 1 of the Supreme Court Additional Original Jurisdiction Act. 5. Dispute between two private persons on a land situate in Lagos which total value is one million naira. The High Court of a State will have jurisdiction by virtue of 272 of Constitution. 7. Action for recovery of debt of the Value of two hundred thousand. (My answer here will be based on Lagos State). Three courts will have jurisdiction. a. The Small Claims Court: By virtue of Section 1 of the Small Claims Court Practice Directions, the small claims court will have jurisdiction. b. The Magistrate Court: By virtue of section 28 of the Magistrate Court Law of Lagos State, the Magistrate Court will have jurisdiction. c. The High Court of a State: By virtue of section 272 of the Constitution the High Court of a State will have jurisdiction. 8. Dispute as to the validity of the Election of the President of Nigeria. The Court of Appeal will have jurisdiction by virtue of Section 239 of the Constitution.
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