In the case of Obiuweubi v. CBN (2011) 7 NWLR (pt.1247) pg. 465. this court held that – “For the State High Court to have jurisdiction under Decree 107 of 1993 the cause of action must arise before the 17th of November 1993 and the trial must also be in progress before the said date. That is to say all part-heard cases in the State High Court before the 17th November 1993 can continue after 17th November 1993 in the State High Court because Decree NO.107 of 1993 does not have retrospective operation and in view of Section 6 (1) “of the Interpretation Act Cap 192 Laws of the Federation of Nigeria 1990.”
The prejudicial effect of an order dismissing the suit is enormous as it forecloses albeit, wrongly, the right of relitigation, if not set aside and also dangerously brings the court into the arena of conflict: Ekpeyong v. Nyong (1975) 2 SC 71.
— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)