Federal High Court Statement of Claim (Nigeria)

A Federal High Court Statement of Claim in Nigeria confirms the declared information and the maker's responsibility for its accuracy.

The Federal High Court of Nigeria — established under Section 249 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) — exercises exclusive jurisdiction over federal civil matters under Section 251 of the 1999 Constitution, including revenue and tax matters (FIRS and Customs disputes), banking and financial institutions (CBN-regulated matters under BOFIA 2020), companies (CAMA 2020), admiralty, intellectual property (Copyright Act 2022; Trade Marks Act Cap T13, LFN 2004), and other federal statutory causes of action. A Statement of Claim filed in the Federal High Court must therefore carefully plead the jurisdictional basis of the claim — i.e., why the Federal High Court (and not a State High Court) has jurisdiction.

Under Order 13 Rule 4 of the FHC Rules 2019, every pleading must contain a concise statement of the facts on which the party relies and must not plead evidence. Pleadings in the Federal High Court are required to specifically plead fraud, particulars of negligence, breach of contract, or any other specific cause of action with the requisite particulars. Failure to plead material facts will preclude the plaintiff from leading evidence on those facts at trial, as the courts operate on the principle established in Fawehinmi v Nigerian Bar Association [1989] 2 NWLR (Pt 105) 558 that parties are bound by their pleadings.

A Federal High Court Statement of Claim must be distinguished from a Statement of Defence (the defendant's response to the claim), a Counterclaim (the defendant's affirmative claim against the plaintiff), and a Reply (the plaintiff's answer to the defence). In the Federal High Court, pleadings are generally closed after the exchange of Statement of Claim and Statement of Defence, unless the court grants leave for further pleadings.

The legal framework governing the Federal High Court Statement of Claim (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Federal High Court Statement of Claim (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Federal High Court (Civil Procedure) Rules 2019 sets the foundational requirements.

A Federal High Court Statement of Claim in Nigeria is needed whenever a plaintiff commences contested civil proceedings by Writ of Summons in the Federal High Court and must plead the material facts supporting their claim.

A Federal High Court Statement of Claim is required in banking and financial disputes where a creditor sues a borrower for recovery of a loan advanced by a bank regulated under BOFIA 2020, enforcement of a bank guarantee, or recovery of bank charges unlawfully withheld — all of which fall within the Federal High Court's exclusive jurisdiction under Section 251(1)(d) of the 1999 Constitution.

A Federal High Court Statement of Claim is needed in admiralty proceedings — including claims for freight, demurrage, cargo damage, ship collision, or enforcement of a ship mortgage — which fall exclusively within the Federal High Court's admiralty jurisdiction under Section 251(1)(g) of the Constitution and the Admiralty Jurisdiction Act (Cap A5, LFN 2004).

A Federal High Court Statement of Claim is required in intellectual property infringement actions — including claims for copyright infringement under the Copyright Act 2022, trademark infringement under the Trade Marks Act, or passing off — where the plaintiff seeks injunctions, damages, and delivery up of infringing goods.

A Federal High Court Statement of Claim is needed in company law disputes under CAMA 2020 that require a full trial — such as fraudulent misrepresentation in a share sale, breach of a shareholders' agreement, or oppression of minority shareholders under Section 344 of CAMA 2020 — where the facts are contested and oral evidence is required.

A Federal High Court Statement of Claim is required in revenue disputes where a taxpayer challenges a Federal Inland Revenue Service (FIRS) assessment or enforcement action under the Companies Income Tax Act (CITA), the Value Added Tax Act (VATA), or the Finance Act 2021, following exhaustion of the Tax Appeal Tribunal process.

A Federal High Court Statement of Claim is needed when a claimant sues a federal government ministry, department, or agency (MDA) for breach of contract, wrongful termination of a public contract, or unlawful action under the Public Procurement Act 2007.

A well-drafted Federal High Court Statement of Claim under Order 13 of the FHC Rules 2019 must contain the following essential elements to found a sustainable pleading.

Case Title and Court Reference: The suit number allocated by the Federal High Court registry (inserted after filing), the names of all plaintiffs and defendants, and the division of the Federal High Court (e.g., Lagos Judicial Division, Abuja Judicial Division).

Jurisdictional Basis: An opening paragraph expressly stating the jurisdictional basis for the Federal High Court's jurisdiction over the claim — citing the specific provision of Section 251 of the 1999 Constitution or the relevant federal statute (BOFIA 2020, CAMA 2020, Admiralty Jurisdiction Act, Copyright Act 2022, etc.) that confers jurisdiction. Without a clear jurisdictional basis, the defendant may apply to strike out the claim for want of jurisdiction at any stage of the proceedings.

Parties: Full legal names, addresses, and capacity of each plaintiff and defendant. For companies, state the CAC RC number and registered address. For government bodies, state the enabling statute. Where a party sues or is sued in a representative or fiduciary capacity, the capacity must be expressly stated.

Statement of Facts: Numbered paragraphs setting out all material facts chronologically — formation of the relevant contract or relationship, the defendant's alleged breach or wrongdoing, the plaintiff's performance of obligations, and the loss or damage suffered. Each paragraph must contain only one material fact. Do not plead evidence; plead only facts.

Particulars of Special Damage: Where the plaintiff claims special (quantified) damages, a separate itemised schedule of losses must be pleaded — for example, loss of income, repair costs, medical expenses, or value of destroyed property. General damages (unquantified losses) need not be specifically pleaded.

Relief Sought (Claim Section): A numbered list of all orders and reliefs sought — declaratory reliefs, injunctions, damages (general and special), account of profits, delivery up, costs, and interest. The court may only grant reliefs specifically claimed, with limited exceptions.

Verification: Under Order 14 Rule 1 of the FHC Rules 2019, all pleadings must be signed by the plaintiff's legal practitioner. A Statement of Claim need not be sworn but must comply with the FHC Rules 2019 formatting requirements for font, margins, and numbering.

Additional compliance elements for a Federal High Court Statement of Claim (Nigeria) used in Nigeria include: Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.