The Court of Appeal, Abuja Division, has struck out a suit seeking ₦400 million and £159,098 in legal fees and expenses against Ned Nwoko Solicitors, arising from a foreign debt recovery contract involving the Oyo State Government.
Delivering judgment on Wednesday, Justice Abba Bello Mohammed, in a unanimous decision of the panel, held that the Federal High Court lacked jurisdiction to adjudicate on what was essentially a simple contract dispute initiated by Hon. Femi Kehinde of Femi Kehinde & Co. in 2020.
The appellants in the matter were Ned Nwoko Solicitors, Lillian Ngozichukwu Nwoko, Hon. Chinedu Munir Nwoko, and Lina’s International Limited, while the respondents included Femi Kehinde, Oyo State Government, the Incorporated Trustees of the Nigerian Governors’ Forum, the Accountant‑General of the Federation, the Central Bank of Nigeria (CBN), the Ministry of Finance, and the Attorney‑General of the Federation.
Explaining the legal context, the Court noted that a simple contract refers to an agreement between parties for the provision of goods or services for a fee, without requiring statutory formalities.
J.C. Njinkoye, SAN, lead counsel for the appellants, argued that the Federal High Court erred in law when it assumed jurisdiction over Kehinde’s claim, stressing that jurisdiction in Nigeria is strictly statutory and cannot be exercised beyond the limits conferred by law.
In response, S.N. Asadu, counsel for Kehinde, urged the appellate court to affirm the trial court’s decision, which had dismissed Ned Nwoko Solicitors’ preliminary objection.
In its judgment, however, Justice Mohammed reiterated that superior courts have consistently held that the Federal High Court has no jurisdiction over simple contract disputes, which properly fall within the jurisdiction of the State High Courts. He emphasized: “The settled law is that no matter how well conducted a trial may be, it is a nullity if the court lacks jurisdiction.”
Consequently, the Court of Appeal allowed the appeal, set aside the ruling of the Federal High Court, and upheld the appellants’ preliminary objection, thereby striking out Kehinde’s suit for lack of jurisdiction.
