JURISDICTION OF THE FEDERAL HIGH COURT - CONDITIONS FOR THE JUSTICIABILITY OF AN ACTION AGAINST AN AGENT OF THE FEDERAL GOVERNMENT UNDER SECTION 251 OF 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA  

 

Gbenga Babawibe
Joined: 12 months ago
Posts: 156
06/09/2019 11:26 am  

"Furthermore in the case of: Minister of Works & Housing v. Tomas Nig. Ltd. (2002) 2NWLR (Pt.751) p.740 at p.788, paras. E-G, the Apex Court held that:

There is nowhere in the Constitution or any other enactment where it is stipulated that any suit in which the Federal Government Ministry, Agency, Functionary or Parastatal is sued, is justiciable in the Federal High Court except those cases specified in Section 251 of the 1999 Constitution. An action against an agent of the Federal Government may not be justiciable under Section 251 of 1999 Constitution unless it is as regards the administration or management and control of the Federal Government or any of its agencies or for a declaration or injunction affecting the validity of any executive or administrative action or decision. (The underlining is supplied by me for emphasis).

 

PER O.F.OMOLEYE, J.C.A IN THE CASE OF CENTRAL BANK OF NIGERIA V MAIYINI CENTURY COMPANY LTD & ANOR: LER:(2018) CA/YL/76/2016


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