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August 28, 2019 9:42 am
“In determining whether or not a court has jurisdiction to entertain a cause or matter, it is the plaintiff's claim as disclosed in his writ of summons and statement of claim that would be considered. Where the exclusive jurisdiction of the Federal High Court is in issue, the mere fact that an agency of the Federal Government is a party is not sufficient, without more to confer jurisdiction on the court. The court deciding the issue will also take into consideration the nature and subject matter of the claim. It has been held severally by this court that the exclusive jurisdiction of the Federal High Court provided for in Section 230(l)(s) of the 1979 Constitution, as amended by Decree No. 107 of 1993 (now Section 251(l)(r) of the 1999 Constitution) does not extend to disputes arising from simple contracts. See: Adelekan Vs Ecu-Line NV (2006) 12 NWLR (Pt.993) 33: Onuorah Vs K.R.P.C. Ltd. (2005) 6 NWLR (Pt.921) 393 (9) 405 A - P & 409 A - D: Sun Insurance Nig. Plc. Vs Umez Eng. Const. Co. Ltd. (2015) 11 NWLR (Pt.1471) 576; (2015) LPELR- 24737 (SC)
PER K.M.O.KEKERE-EKUN, J.S.C IN THE CASE OF PETER ESSI V. NIGERIA PORTS PLC; LER(2018)SC.63/2006