ISAAC OBIUWEUBI v. CENTRAL BANK OF NIGERIA

SUBJECT MATTER – JURISDICTION

Exclusive jurisdiction of the Federal High Court.

The Jurisdiction of the Federal High Court to entertain an action is determined by examining the law conferring Jurisdiction at the time the suit is instituted and trial commences”  Bode Rhodes – Vivour, JSC

Amended  Statutes – Effect of Amended of Statutes on Pending Suits

The law in force ,or existing  at the time the cause of action arose is the law applicable for determining  the case.This law does not necessarily determine the jurisdiction of the court at the time that jurisdiction is invoked.That is to say the law in force at the time cause of action arose governs the determination of the suit,while the law in force at the time of trial based on cause of action determines the court vested with jurisdiction to try the case…A  litigant who had a cause of action in 1990 would  have his case governed by the law at the time(i.e 1990)if trial commences before 1993 the court to try the case would be the State High Court but after 17/11/93 the case would be tried in the Federal High Court”   Bode Rhodes – Vivour, JSC

Stare Decisis; Meaning and effect.

“The Supreme Court is the final Court of Appeal in Nigeria.Its decisions are binding on every court in this country…following  previous decisions of this court ensures certainty and order in the judicial system .It ensures stability and removes surprises.Counsel is assured that justice would be done,it reduces stress and makes the task of dispensing justice easier and less onerous”  Bode Rhodes – Vivour, JSC

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