State High Court Flashcards
Each state is under obligation to establish a high court. True or False
True
What section speaks for the establishment of a high court for each state
Section 270 which establishes a state high court for each state of the Federation and (2) the high court consist of number of judges of the High Court as may be prescribed by a law of the house of assemble of the state
The court shall be duly constituted if it consists of at least one judge of that court. Which section makes provision for this
Section 273
What is your say on the appointment of Chief Judge and judges of the High Court of a State
Section 271 makes provision for this.
(1) Chief judge to be appointed by governor on recommendation of NJC subject to approval by state house of Assembly
(2) Judges same as (1)
(3) not qualified unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years
(4) if the office is vacant or inability to perform duties
(5) exception to (4)
Section 236 of the 1979 constitution conferred state high court with unlimited jurisdiction. However, Decree 107 of 1993 imposed some limitations on the jurisdiction of the state high court in respect of matters within the exclusive jurisdiction of the Federal High Court. How true is this
Very true
What provisions govern the jurisdiction of the state high court
Section 271 does so.
(1) Subject to the provisions of Section 251 and other parts of this Constitution, the High Court of a State has jurisdiction to:
- Hear and determine any civil proceedings where the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation, or claim is in issue.
- Hear and determine any criminal proceedings related to any penalty, forfeiture, punishment, or other liability for an offense committed by any person.
(2) The reference to civil or criminal proceedings in this section includes:
- Proceedings that originate in the High Court of a State.
- Proceedings brought before the High Court to be dealt with in the exercise of its appellate or supervisory jurisdiction.
(3) Subject to the provisions of Section 251 and other parts of this Constitution, the Federal High Court shall have jurisdiction to hear and determine whether the term of office of a member of the House of Assembly of a State, a Governor, or Deputy Governor has ceased or become vacant.
Discuss the Extent of the Original Jurisdiction of A State High Court since the Advent of the 1979 Constitution with the aid of decided cases.
In the recent case of Karimu Adisa v Emmanuel Oyinwola & 4 Ors, the Supreme Court (per Ayoola, JSC) explained that before the 1979 Constitution, High Courts in both Northern and Southern Nigeria were regarded as courts of unlimited jurisdiction due to their status as superior courts of record. This meant that, prima facie, the High Court had presumed jurisdiction in any case unless expressly limited by statute, as had been done in various regional or state laws prior to the 1979 Constitution. The 1979 Constitution significantly impacted the jurisdiction of State High Courts. Prior to its enactment, judicial power was not expressly vested in the judicature, and the jurisdiction of State High Courts was determined by state legislation, which varied. However, Section 236(1) of the 1979 Constitution brought about a change by expressly defining the jurisdiction of these courts.
Under the 1979 Constitution, a State High Court became a court of unlimited jurisdiction by express constitutional provision. In Karimu Adisa v Emmanuel Oyinwola & 4 Ors, the Supreme Court reaffirmed that Section 236(1) of the 1979 Constitution did not allow the unlimited jurisdiction vested in the High Court of a State to be restricted by anything other than the Constitution itself. The Court stated that any limitations on the jurisdiction of a State High Court after the 1979 Constitution came into effect must be found solely within the Constitution, not in any state legislation.
Discuss the Extent of the Original Jurisdiction of the State High Court under the 1999 Constitution with decided cases
Section 272 makes provision for jurisdiction of the state high court. Under the 1999 Constitution of Nigeria, the jurisdiction of a State High Court is not explicitly defined as unlimited, but it is subject to certain constitutional provisions. Thus, in the recent case of A.C. Oyo State v NLC, where Adekoye JCA noted that The cuitailment of jurisdiction of the High Court established the conflict between the Trade Disputes Act and section 272 of the 1999 Constitution, whereas section 251 of the 1999 Constitution is the only lawful and constitutional curtailment on the jurisdiction of a State High Court . The provision of section 1(3) is categorical on the fact that any law that conflicts with the constitution is null and void.
This means that, the original jurisdiction of the State High Court having been conferred by the Constitution cannot be whittled down by any Act of the National Assembly or Law of a State House of Assembly by virtue of the supremacy of the Constitution as provided for in section 1(3) of the Constitution. The various High Court laws and Customary or Area Court laws, which were enacted before the promulgation of the 1999 Constitution, are existing laws saved pursuant to section 315 of the Constitution. However, these existing laws will be in operation to the extent they are compatible with the provisions of the Constitution. The provisions of these High Court laws that sought to limit the original jurisdiction of the High Court are therefore Inconstitutional being inconsisțent with section 272 of the 1999 Constitution.
For administrative convenience, states are carved into judicial divisions. In Egbo, v Lagumna, it was held that the issue of judicial division is only a matter of convenience and not an issue of jurisdiction, and by the provisions of sections 234 and 236 of the 1979 constitution, there is only one and not more than one High Court for each State. A State High Court is a superior court of record, and it is the highest court of first instance in each state. The jurisdiction of the Court covers proceedings which originate in the Court and those which come to it on appeal from magistrate or customary courts, and it exercises supervisory jurisdiction over administrative agencies, inferior courts and tribunals through the prerogative writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto.
