CASE TITLE: NIMASA V. IHENACHO & ORS (2026) LPELR-83733(SC)
JUDGMENT DATE: 17TH APRIL, 2026
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the power of the Court of Appeal to order the transfer of a matter from a State High Court to the Federal High Court.
FACTS:
This is an appeal against the decision of the Court of Appeal, Lagos Judicial Division, delivered on the 20th of April, 2016, wherein the Court allowed the appeal of the Appellant, and dismissed the decision of the High Court of Lagos State delivered on the 27th of October.
The 1st and 2nd Respondents instituted the action at the trial Court against the Appellant, 3rd Respondent, 4th Respondent and 5th Respondent. In the said action, The 1st and 2nd Respondents sought damages in the sum of ₦90,349,000,000.00, with interest at 25% per annum from 14 September 2012 until liquidation of the debt, an order compelling the Appellants to publish a retraction and apology on designated media platforms, as well as further reliefs and costs of the action.
The Appellant and the 3rd, 4th and 5th Respondents raised separate preliminary objections to the suit. The Appellant challenged the competence of the action on grounds that the Lagos State High Court lacked jurisdiction, the suit constituted an abuse of court process due to a pending related action before the Federal High Court, the action was statute-barred, and necessary parties against whom allegations were made were not joined in the proceedings.
The trial Court, per Hon. Justice S. B. A. Candide-Johnson, dismissed the Preliminary Objection. The Appellant was dissatisfied and therefore filed an appeal to the Court of Appeal. The Court of Appeal allowed the appeal and made a consequential order that the suit be transferred from the High Court of Lagos to the Federal High Court.
The Appellant was dissatisfied with the consequential order and therefore filed this appeal.
ISSUES FOR DETERMINATION:
The Court determined the appeal on the sole issue of:
Whether the Court below, after holding that the High Court of Lagos State lacked jurisdiction to adjudicate on Suit No. LD/ADR/91/2013, rightly invoked the provisions of Section 15 of the Court of Appeal Act to transfer the suit from the High Court of Lagos State to the Federal High Court, for hearing and determination notwithstanding binding decisions to the contrary?
DECISION/HELD:
The appeal was allowed.
RATIOS:
- CASE LAW- JUDICIAL PRECEDENT/STARE DECISIS: Whether a case is solely an authority for what it decides
- COURT- POWER OF COURT: Whether the Court of Appeal has power to transfer a matter from a State High Court to the Federal High Court where it held that the State High Court lacks jurisdiction; proper order to be made
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