SERVICE OF ORIGINATING PROCESSES AT THE FEDERAL HIGH COURT OF NIGERIA: Did Akeredolu v Abraham (2018) LPELR-44067 (SC) settle the controversy?

Table of Contents

Overtime, it has continued to be a raging controversy among legal minds on whether leave of Court should indeed be required for service of an originating process sealed from the registry of a State judicial division of the Federal High Court of Nigeriato another. Put differently, should leave of Court be required for service of originating processes issued in the Lagos State judicial division to a Defendant resident in Ogun or Anambra State.

It is to be noted that this controversy arose out of the divergent opinions of Legal Practitioners over the following issues:

  1. The administrative set-up of the Federal High Court of Nigeria as well as the true purport of the legal phrase “out of jurisdiction” as used in the Federal High Court (Civil Procedure) Rules, 2009, and
  2. The scope of application of the Sheriffs and Civil Processes Act (“SCPA”), Cap S6…., Laws of the Federation of Nigeria, 2004.

I shall summarily comment on the particularised issues stated above.

 

Read more

Want to keep up with our Articles?

Get our most valuable tips right inside your inbox, every month!

Related Posts

ARBITRATION IN THE ERA OF GEOPOLITICAL FRAGMENTATION CROSS-BORDER NEUTRALITY, SANCTIONS, AND ENFORCEABILITY
ARBITRATION IN THE ERA OF GEOPOLITICAL FRAGMENTATION: CROSS-BORDER NEUTRALITY, SANCTIONS, AND ENFORCEABILITY
As geopolitical tensions reshape global commerce, international arbitration faces growing challenges...
Fintech Web Banner
NIGERIA’S FINTECH REGULATORY COMMISSION BILL: A PEEK INTO THE POLICY-THINK
Nigeria’s proposed Fintech Regulatory Commission Bill aims to centralise oversight of a fast-growing...
legal technology abstract
DISPUTE RESOLUTION IN TECHNOLOGY TRANSACTIONS: CURRENT AND FUTURE OUTLOOK
As technology transactions grow more complex and global, dispute resolution mechanisms are evolving to...
cell tower network aerial africa
THE CHANGING MODEL IN SHARED TELECOMMUNICATIONS INFRASTRUCTURE OWNERSHIP: COMPETITION LAW QUESTIONS IN AN M&A QUANDARY
A proposed multi-billion-dollar telecom infrastructure acquisition across several African markets raises...
Stock Market 2
IS CORPORATE DEBT QUIETLY RESHAPING NIGERIA’S CAPITAL MARKETS? THE SECTOR OVERTAKING REALITY
Nigeria’s capital markets are undergoing a quiet transformation. As regulatory reforms mature, corporate...
Natural Resouces Disputes
NIGERIA’S ARBITRATION AND MEDIATION ACT 2023: EARLY LESSONS AND IMPLICATIONS FOR NATURAL RESOURCES DISPUTES
The Arbitration and Mediation Act 2023 (AMA 2023) revolutionizes Nigeria’s dispute resolution landscape,...
the african mining
THE AFRICAN EXTRACTIVE SECTOR AND DISPUTE RESOLUTION IN AN EVOLVING INTERNATIONAL LANDSCAPE
The African extractive sector is navigating a shift from traditional concession disputes to complex challenges...
prompt image
ARBITRATOR AND THE THRESHOLD OF THE DUTY OF DISCLOSURE
Determining the threshold for arbitrator disclosure is critical for preserving neutrality. This article...
Constitution of Nigeria
RETHINKING THE POWER OF NIGERIA’S STATE GOVERNMENTS TO REGULATE REVENUE RATES AND COLLECTIONS AT THE LOCAL GOVERNMENT LEVEL: THE CONSTITUTIONAL IMPERATIVE
Nigeria’s push for tax harmonisation has revived a critical constitutional question: can State Governments...