Section 22: Power of Transfer.
(1) A Judge of the Court at any time or at any stage of the proceedings in any cause or matter before final judgment, either with or without application from any of the parties thereto, shall transfer such cause or matter before him to other Judge of the Court.
[1975 No. 36.]
(2) No cause or matter shall be struck out the court merely on the ground that such cause or was taken in the court instead of the High Court of a State or of the Federal Capital Territory, Abuja in which it ought to have been brought, and the Judge of the court before whom such cause or matter is brought may cause such cause or matter to be transferred to the appropriate high court of a state or of the Federal Capital Territory, Abuja in accordance with Rules of court to be made under section 44 of this Act.
(3) Notwithstanding anything to the contrary in any law, no cause or matter shall be struck out by the High Court of a State or of the Federal Capital Territory, Abuja on the ground that such cause or matter was taken in the High Court instead of the Court, an the Jugde before whom such cause or matter is brought may cause such cause or matter to be transferred to the appropriate Judicial Division of the court in accordance with such rules of court as may be in force in that high court or made under any enactment or law empowering the making of rules of court generally which enactment or law shall by virtue of this subsection be deemed also to include power to make rules of court for the purpose of this subsection.
(4) Every order of transfer made pursuant to subsection (2) or (3) of this section shall operate as a stay of proceedings before the court before which such proceedings are brought or instituted and shall not be subject to appeal.
(5) Where the Court to which any cause or matter has been transferred pursuant to subsection (2) or (3) of this section is of opinion that the cause or matter ought in law to be dealt with by the Court which transferred the cause or matter, the Judge presiding in the first-mentioned Court shall, after hearing counsel on behalf of the parties, state a case on a point of law for the opinion of the Court Appeal.
(6) Where any case on a point law is stated for the opinion of the Court of Appeal the Court of Appeal shall, in accordance with rules applicable in that court, give its decision upon the case and the court which stated the case shall dispose of the cause or matter accordingly.
Cite this section
Section 22, FEDERAL HIGH COURT ACT (1973).
https://repo.podus.ai/laws/federal-high-court-act/section/22/