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Category: Constitution of the Federal Republic of Nigeria 1999
Constitution of the Federal Republic of Nigeria 1999
Section 297 to 304 of the Nigerian Constitution 1999
Sections 297 to 304 of the Nigerian Constitution 1999 are under Part I (Federal Capital Territory, Abuja) of Chapter VIII (Federal Capital Territory, Abuja and General Supplementary Provisions) of the constitution.
Section 297 of the Nigerian Constitution 1999
Federal Capital territory, Abuja: ownership of lands
(1) There shall be a Federal Capital Territory, Abuja the boundaries of which are as defined in Part II of the First Schedule to this Constitution. (2) The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria.
Section 298 of the Nigerian Constitution 1999
Capital of the federation
The Federal Capital Territory, Abuja shall be the Capital of the Federation and seat of the Government of the Federation.
Section 299 of the Nigerian Constitution 1999
Application of Constitution
The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly – (a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja; (b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and (c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.
Section 300 of the Nigerian Constitution 1999
Representation in the National Assembly
For the purposes of Chapter V of this Constitution, the Federal Capital Territory, Abuja shall constitute one Senatorial district and as many Federal constituencies as it is entitled to under section 49 of this Constitution.
Section 301 of the Nigerian Constitution 1999
Adaptation of certain references
Without prejudice to the generality of the provisions of section 299 of this Constitution, in its application to the Federal Capital Territory, Abuja, this Constitution shall be construed as if- (a) references to the Governor, Deputy Governor and the executive council of a State (howsoever called) were references to the President, Vice-President and the executive council of the Federation (howsoever called) respectively; (b) references to the Chief Judge and Judges of the High Court of a State were references to the Chief Judge and Judges of the High Court, which is established for the Federal Capital Territory, Abuja by the provisions of this Constitution; and (c) references to persons, offices and authorities of a State were references to the persons, offices and authorities of the Federation with like status, designations and powers, respectively; and in particular, as if references to the Attorney-General, Commissioners and the Auditor-General for a State were references to the Attorney-General, Ministers and the Auditor-General of the Federation with like status, designations and powers.
Section 302 of the Nigerian Constitution 1999
Minister of Federal Capital territory, Abuja
The President may, in exercise of the powers conferred upon him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja a Minister who shall exercise such powers and perform such functions as may be delegated to him by the President, from time to time.
Section 303 of the Nigerian Constitution 1999
Administration of the Federal Capital territory, Abuja
The Federal Capital Territory, Abuja shall comprise six area councils and the administrative and political structure thereof shall be as provided by an Act of the National Assembly.
Section 304 of the Nigerian Constitution 1999
Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja
(1) There shall be for the Federal Capital Territory, Abuja, a Judicial Service Committee of the Federal Capital Territory, Abuja, the composition and functions of which shall be as provided in Part III of the Third Schedule to this Constitution. (2) The provisions of sections 154(1) and (3), 155, 156, 157(1) and (2), 158(1) and 159 to 161 of this Constitution shall apply with necessary modifications to the Judicial Service Committee of the Federal Capital Territory, Abuja.
Section 286 to 296 of the Nigerian Constitution 1999
Section 286 to 296 of the Nigerian Constitution 1999 is under Part IV (Supplemental) of Chapter VII (The Judicature) of the constitution.
Section 286 of the Nigerian Constitution 1999
Jurisdiction of state courts in respect of federal causes
(1) Subject to the provisions of this Constitution- (a) where by the Law of a State jurisdiction is conferred upon any court for the hearing and determination of civil causes and of appeals arising out of such causes, the court shall have like jurisdiction with respect to the hearing and determination of Federal causes and of appeals arising out of such causes: (b) where by the Law of a State jurisdiction is conferred upon any court for the investigation, inquiry into, or trial of persons accused of offences against the Laws of the State and with respect to the hearing and determination of appeals arising out of any such trial or out of any proceedings connected therewith, the court shall have like jurisdiction with respect to the investigation, inquiry into, or trial of persons for Federal offences and the hearing and determination of appeals arising out of the trial or proceedings; and (c) the jurisdiction conferred on a court of a state pursuant to the provisions of this section shall be exercised in conformity with the practice and procedure for the time being prescribed in relation to its jurisdiction over civil or criminal causes other than Federal causes.
(2) Nothing in the provisions of this section shall be construed, except in so far as other provisions have been made by the operation of sections 299 and 301 of this Constitution, as conferring jurisdiction as respects Federal causes or Federal offences upon a court presided over by a person who is not or has not been qualified to practice as a legal practitioner in Nigeria.
(3) In this section, unless the context otherwise requires – ” causes” includes matter; “Federal cause” means civil or criminal cause relating to provisions of the National Assembly has power to make laws; and “Federal offence” means an offence contrary to the provisions of Act of the National Assembly or any law having effect as if so enacted.
Section 287 of the Nigerian Constitution 1999
Enforcement of decisions
(1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court. (2) The decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the court of Appeal. (3) The decisions of the Federal High Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other courts, respectively.
Section 288 of the Nigerian Constitution 1999
Appointment of persons leaned in Islamic personal law and Customary law
(1) In exercising his powers under the foregoing provisions of this Chapter in respect of appointments to the offices of Justices of the Supreme court and Justices of the Court of Appeal, the President shall have regard to the need to ensure that there are among the holders of such offices persons learned in Islamic personal law and persons learned in Customary law.
(2) For the purposes of subsection (1) of this section – (a) a person shall be deemed to be learned in Islamic personal law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case obtained a recognized qualification in Islamic law from an institution acceptable to the national Judicial Council; and (b) a person shall be deemed to be learned in Customary law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case and in the opinion of the National Judicial Council considerable knowledge of and experience in the practice of Customary law.
Section 289 of the Nigerian Constitution 1999
Disqualification of certain legal practitioners
No legal practitioner shall be qualified for appointment as a Justice of the Supreme Court, the Court of Appeal or a Judge of a Federal High Court or a Judge of a High Court or a kadi of a Sharia Court of Appeal or a Judge of the Customary Court of Appeal whilst he is a member of the National Judicial Council or Committee of the Federal Capital Territory, Abuja or a State Judicial Service Commission, and he shall remain so disqualified until a period of three years has elapsed since he ceased to be member.
Section 290 of the Nigerian Constitution 1999
Declaration of assets and liabilities: oaths of judicial officers
(1) A person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the seventh Schedule to this Constitution. (2) The oaths aforesaid shall be administered by the person for the time being authorized by law to administer such oaths.
Section 291 of the Nigerian Constitution 1999
Tenure of office and pension rights of judicial officers
(1) A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the age of sixty-five years and he shall cease to hold office when he attains the age of seventy years.
(2) A judicial officer appointed to any other court, other than those specified in subsection (1) of this section may retire when he attains the age of sixty years and he shall cease to hold office when he attains the age of sixty-five years.
(3) Any person who has held office as a judicial officer – (a) for a period of not less than fifteen years shall, if he retires at or after the age of sixty-five years in the case of the Chief Justice of Nigeria, a Justice of the Supreme Court, the President of the court of Appeal or a Justice of the Court of Appeal or at or after the age of sixty years in any other case, be entitled to pension for life at a rate equivalent to his last annual salary and all his allowances in addition to any other retirement benefits to which he may be entitled; (b) for a period of less than fifteen years shall, if he retires at or after the age of sixty-five years or sixty years, as the case may be, be entitled to pension for life at a rate as in paragraph (a) of this subsection pro rata the number of years he served as a judicial officer in relation to the period of fifteen years, and all his allowances in addition to other retirement benefits to which he may be entitled under his terms and conditions of service; and (c) in any case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act o the National Assembly or by a Law of a House of Assembly of a State.
(4) Nothing in this section or elsewhere in this Constitution shall preclude the application of the provisions of any other law that provides for pensions, gratuities and other retirement benefits for persons in the public service of the Federation or a State.
Section 292 of the Nigerian Constitution 1999
Removal of other judicial officers from office
(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances – (a) in the case of – (i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate. (ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State, Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct; (b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
(2) Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.
Section 293 of the Nigerian Constitution 1999
Vacancies
Except for the purposes of exercising any jurisdiction conferred by this Constitution or by any other law, every court established under this Constitution shall be deemed to be duly constituted notwithstanding any vacancy in the membership of the court.
Section 294 of the Nigerian Constitution 1999
Determination of causes and matters
(1) Every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.
(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion: Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.
(3) A decision of a court consisting of more than one Judge shall be determined by the opinion of the majority of its members.
(4) For the purpose of delivering its decision under this section, the Supreme court, or the court of Appeal shall be deemed to be duly constituted if at least one member of that court sits for that purpose.
(5) The decision of a court shall not be set aside or treated as a nullity solely on the ground of non-compliance with the provisions of subsection (1) of this section unless the court exercising jurisdiction by way of appeal or review of that decision is satisfied that the party complaining has suffered a miscarriage of justice by reason thereof.
(6) As soon as possible after hearing and deciding any case in which it has been determined or observed that there was non-compliance with the provisions of subsection (1) of this section, the person presiding at the sitting of the court shall send a report on the case to the Chairman of the National Judicial Council who shall keep the Council informed of such action as the Council may deem fit.
Section 295 of the Nigerian Constitution 1999
Reference of questions of law
(1) Where any question as to the interpretation or application of this Constitution arises in any proceedings in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or a High Court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal High Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the High Court shall (a) if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; o r (b) if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the High Court may think fit to give.
(2) Where any question as to the interpretation or application of this constitution arises in any proceedings in the Federal High Court or a High Court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Court of Appeal; and where any question is referred in pursuance of this subsection, the court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.
(3) Where any question as to the interpretation or application of this constitution arises in any proceedings in the Court of Appeal and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court which shall give its decision upon the question and give such directions to the Court of Appeal as it deems appropriate.
Section 296 of the Nigerian Constitution 1999
Interpretation
In this Chapter, unless the context otherwise requires, “office” when used with reference to the validity of an election to an office includes the office of President of the Federation, Vice-President of the Federation and Governor or Deputy Governor of a State but does not include the office of President of the Senate, Speaker of the House of Representatives, Speaker of a House of Assembly or any office established by this Constitution.
Section 285 of the Nigerian Constitution, 1999, is about Establishment and jurisdiction of election tribunals. This section is under Part III (Election Tribunals) of Chapter VII (The Judicature) of the constitution.
(1) There shall be established for the Federation one or more election tribunals to be known as the National Assembly Election Tribunals which shall, to the exclusion of any or tribunal, have original jurisdiction to hear and determine petitions as to whether – (a) any person has been validly elected as a member of the National Assembly; (b) the term of office of any person under this Constitution has ceased; (c) the seat of a member of the Senate or a member of the House of Representatives has vacant; and (d) a question or petition brought before the election tribunal has been properly or improperly brought.
(2) There shall be established in each State of the Federation one or more election tribunals to be known as the Governorship and Legislative Houses Election Tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor or as a member of any legislative house.
(3) The composition of the National Assembly election Tribunals, Governorship and Legislative Houses Election Tribunals shall be as set out I the Sixth Schedule to this Constitution.
(4) The quorum of an election tribunal established under this section shall be the Chairman and two other members.
Section 280 to 284 of the Nigerian Constitution 1999
Section 280 to 284 of the Nigerian Constitution 1999 is under C (Customary Court of Appeal of a State) of Part II (State Courts) of Chapter VII (The Judicature) of the constitution.
Section 280 of the Nigerian Constitution 1999
Establishment of a Customary Court of Appeal
(1) There shall be for any State that requires it a Customary Court of Appeal for that State. (2) The Customary Court of Appeal of a State shall consist of – (a) a President of the Customary Court of Appeal of the State; and (b) such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the State.
Section 281 of the Nigerian Constitution 1999
Appointment of President and Judges of the Customary Court of Appeal of a State
(1) The appointment of a person to the office of President of a Customary Court of Appeal shall be made by the governor of the State on the recommendation of the national Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by a law of the House of Assembly of the State, a person shall not be qualified to hold office of a president or of a Judge of a Customary Court of Appeal of a State unless – (a) he is a legal practitioner in Nigeria and he has been so qualified for a period of not less than ten years and In the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary law; or (b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.
(4) If the office of President of the Customary Court of Appeal of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed the functions of that office, or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the Customary Court of Appeal of the State to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.
Section 282 of the Nigerian Constitution 1999
Jurisdiction
(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of Customary law. (2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established.
Section 283 of the Nigerian Constitution 1999
Constitution
For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any law, a Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the Customary Court of Appeal of the State.
Section 284 of the Nigerian Constitution 1999
Practice and Procedure
Subject to the provisions of any law by the House of Assembly of the State, the President of the Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the customary Court of Appeal of the State.
Section 275 to 279 of the Nigerian Constitution 1999
Section 275 to 279 of the Nigerian Constitution 1999 is under B (Sharia Court of Appeal of a State) of Part II (State Courts) of Chapter VII (The Judicature) of the constitution.
Section 275 of the Nigerian Constitution 1999
Establishment of Sharia Court of Appeal
(1) There shall be for any State that requires it a Sharia Court of Appeal for that State. (2) The Sharia Court of Appeal of the State shall consist of – (a) A Grandi Kadi of the Sharia Court of Appeal; and (b) such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.
Section 276 of the Nigerian Constitution 1999
Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State
(1) The appointment of a person to the office of the Grandi Kadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State unless – (a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and has obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; or (b) he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the National Judicial council and has held the qualification for a period of not less than ten years; and (i) he either has considerable experience in the practice of Islamic law, or (ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grandi Kadi of the Sharia Court of Appeal of a State is vacant or if a person holding the office is for any reason unable to perform the function of the office, then until a person has been appointed to and has assumed the function s of that office, or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Kadi of the Sharia Court of Appeal of the State to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.
Section 277 of the Nigerian Constitution 1999
Jurisdiction
(1) The sharia Court of Appeal of a State shall, in addition to such other jurisdiction as may be conferred upon it by the law of the State, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal Law which the court is competent to decide in accordance with the provisions of subsection (2) of this section.
(2) For the purposes of subsection (1) of this section, the sharia Court of Appeal shall be competent to decide – (a) any question of Islamic personal Law regarding a marriage concluded in accordance with that Law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant; (b) where all the parties to the proceedings are muslims, any question of Islamic personal Law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a founding or the guarding of an infant; (c) any question of Islamic personal Law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a muslim; (d) any question of Islamic personal Law regarding an infant, prodigal or person of unsound mind who is a muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or (e) where all the parties to the proceedings, being muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.
Section 278 of the Nigerian Constitution 1999
Constitution
For the purpose of exercising any jurisdiction conferred upon it this Constitution or any law, a sharia Court of Appeal of a State shall be duly constituted if it consists of at least three kadis of that Court.
Section 279 of the Nigerian Constitution 1999
Practice and Procedure
Subject to provisions of any made by the House of Assembly of the State, the Grand Kadi of the Sharia Court of Appeal of the state may make rules regulating the practice and procedure of the Sharia Court of Appeal.
Section 270 to 274 of the Nigerian Constitution 1999
Section 270 to 274 of the Nigerian Constitution 1999 is under A (High Court of a State) of Part II (State Courts) of Chapter VII (The Judicature) of the constitution.
Section 270 of the Nigerian Constitution 1999
Establishment of a High Court for each State
(1) There shall be a High Court for each State of the Federation. (2) The High Court of a State shall consist of – (a) a Chief Judge of the State; and (b) such number of Judges of the High Court as may be prescribed by a Law of the House of Assembly of the State.
Section 271 of the Nigerian Constitution 1999
Appointment of Chief Judge and Judges of the High Court of a State
(1) The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State. (2) The appointment of a person to the office of a Judge of a High Court of a State shall be made by the Governor of the State acting on the recommendation of the National Judicial Council. (3) A person shall not be qualified to hold office of a Judge of a High Court of a State 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 of Chief Judge of a State is vacant or if the person holding the office is for any person unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the High Court to perform those functions. (5) Except on the recommendation of the National Judicial Council an appointment pursuant to subsection (4) of this section shall cease to have effect after expiration of three months from the date of such appointment and the Governor shall not re-appoint a person whose appointment has lapsed.
Section 272 of the Nigerian Constitution 1999
Jurisdiction
(1) Subject to the provisions of section 251 and other provisions of this Constitution, the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person. (2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of a State and those which are brought before the High Court to be dealt with by the court in the exercise of its appellate or supervisory jurisdiction.
Section 273 of the Nigerian Constitution 1999
Constitution
For the purpose of exercising any jurisdiction conferred upon it under this Constitution or any law, a High court of a State shall be duly constituted if it consists of at least one Judge of that Court.
Section 274 of the Nigerian Constitution 1999
Practice and Procedure
Subject to the provisions of any law made by the House of Assembly of a State, the Chief Judge of a State may make rules for regulating the practice and procedure of the High Court of the State.
Section 265 to 269 of the Nigerian Constitution 1999
Section 265-269 of the Nigerian Constitution 1999 is under F (The Customary Court of Appeal of the Federal Capital Territory, Abuja) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.
Section 265 of the Nigerian Constitution 1999
Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja
(1) There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja. (2) The Customary Court of Appeal of the Federal Capital Territory, Abuja shall consist of – (a) a President of the Customary Court of Appeal; and (b) such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the National Assembly.
Section 266 of the Nigerian Constitution 1999
Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja
(1) The appointment of a person to the office of the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to the confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Judge of the Customary Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by an Act of the National Assembly, a person shall not be qualified to hold the office of President or a Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja, unless – (a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and, in the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary law; or (b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.
(4) If the office of the President of the Customary Court of Appeal is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the next most senior Judge of the Customary Court of Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall no re-appoint a person whose appointment has lapsed.
Section 267 of the Nigerian Constitution 1999
Jurisdiction
The Customary Court of Appeal of the Federal Capital Territory, Abuja shall, in addition to such other jurisdiction as may be conferred upon by an Act of The National Assembly Exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Customary law.
Section 268 of the Nigerian Constitution 1999
Constitution
For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National Assembly, the Customary Court of Appeal shall be duly constituted if it consists of at least three Judges of that Court.
Section 269 of the Nigerian Constitution 1999
Practice and Procedure
Subject to the provisions of any Act of the National Assembly, the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja, may make rules for regulating the practice and procedure of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
Section 260 to 264 of the Nigerian Constitution 1999
Section 260-264 of the Nigerian Constitution 1999 is under E (The Sharia Court of Appeal of the Federal Capital Territory, Abuja) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.
Section 260 of the Nigerian Constitution 1999
Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
(1) There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja. (2) The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of – (a) a Grand Kadi of the Sharia Court of Appeal. and (b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National Assembly.
Section 261 of the Nigerian Constitution 1999
Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
(1) The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja unless – (a) he is a legal practitioner in Nigeria and has so qualified for a period of not less than ten years and has obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; or (b) he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the National Judicial Council and has held the qualification for a period of not less than twelve years; and (i) he either has considerable experience in the Practice of Islamic law, or (ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grand Kadi of the Sharia Court of Appeal is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the President shall appoint the most senior Kadi of the Sharia Court of Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not re-appoint a person whose appointment has lapsed.
Section 262 of the Nigerian Constitution 1999
Jurisdiction
(1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.
(2) For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide – (a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant; (b) where all the parties to the proceeding are Muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant; (c) any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim; (d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a Muslim or the maintenance or the guardianship of a Muslim who is physically or mentally infirm; or (e) where all the parties to the proceedings, being Muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.
Section 263 of the Nigerian Constitution 1999
Constitution
For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National Assembly, the Sharia Court of Appeal shall be duly constituted if it consists of at least three Kadis of that Court.
Section 264 of the Nigerian Constitution 1999
Practice and Procedure
Subject to the provisions of any Act of the National Assembly, the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.
Section 255 to 259 of the Nigerian Constitution 1999
Section 255-259 of the Nigerian Constitution 1999 is under D (The High Court of the Federal Capital Territory, Abuja) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.
Section 255 of the Nigerian Constitution 1999
Establishment of the High Court of the Federal Capital Territory, Abuja
(1)There shall be a High Court of the Federal Capital Territory, Abuja. (2) The High Court of the Federal Capital Territory, Abuja shall consist of – (a) a Chief Judge of the High Court of the Federal Capital Territory, Abuja; and (b) such number of Judges of the High Court as may be prescribed by an Act of the National Assembly.
Section 256 of the Nigerian Constitution 1999
Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja
(1) The appointment of a person to the office of Chief Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial council, subject to confirmation of such appointment by the senate. (2) The appointment of a person to the office of a Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the president on the recommendation of the National Judicial Council. (3) A person shall not be qualified to hold the office of a Chief Judge or a Judge of the High Court of the Federation Capital Territory, Abuja 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 of the Chief Judge of the High Court of the Federal Capital Territory, Abuja is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office until the person holding the office has resumed those functions, the President shall appoint the most senior Judge of the High Court of the Federal Capital Territory, Abuja, to perform those functions. (5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not re-appoint a person whose appointment has lapsed.
Section 257 of the Nigerian Constitution 1999
Jurisdiction
(1) Subject to the provisions of section 251 and any other provisions of this Constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of the Federal Capital Territory, Abuja shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person. (2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of the Federal Capital Territory, Abuja and those which are brought before the High Court of the Federal Capital Territory, Abuja to be dealt with by the Court in the exercise of its appellate or supervisory jurisdiction.
Section 258 of the Nigerian Constitution 1999
Constitution
The High Court of the Federal Capital Territory, Abuja shall be duly constituted if it consists of at least one Judge of that court.
Section 259 of the Nigerian Constitution 1999
Practice and procedure
Subject to the provisions of any Act of the National Assembly, the Chief Judge of the High Court of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the High Court of the Federal Capital Territory, Abuja.
Section 249-254 of the Nigerian Constitution 1999 is under C (The Federal High Court) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.
Section 249 of the Nigerian Constitution 1999
Establishment of the Federal High Court
(1) There shall be a Federal High Court. (2) The Federal High Court shall consist of – (a) a Chief Judge of the Federal High Court; and (b) such number of Judges of the Federal High Court as may be prescribed by the an Act of the National Assembly.
Section 250 of the Nigerian Constitution 1999
Appointment of Chief Judge and Judges of the federal high Court
(1) The appointment of a person to the office of Chief Judge of the Federal High Court shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate. (2) The appointment of a person to the office of a Judge of the Federal High Court shall be made by the President on the recommendation of the National Judicial Council. (3) A person shall not be qualified to hold the office of Chief Judge of the Federal High Court unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years. (4) If the office of Chief Judge of the Federal High Court is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed those functions of that office until the person holding the office has resumed those functions the President shall appoint the most senior Judge of the Federal High Court to perform those functions” (5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (3) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not re-appoint a person whose appointment has lapsed
Section 251 of the Nigerian Constitution 1999
Jurisdiction
(1) Notwithstanding anything to the contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters –
(a) relating to the revenue of the Government of the Federation in which the said Government or any organ thereof or a person suing or being sued on behalf of the said Government is a party;
(b) connected with or pertaining to the taxation of companies and other bodies established or carrying on business in Nigeria and all other persons subject to Federal taxation;
(c) connected with or pertaining to customs and excise duties and export duties, including any claim by or against the Nigeria Customs Service or any member or officer thereof, arising from the performance of any duty imposed under any regulation relating to customs and excise duties and export duties;
(d) connected with or pertaining to banking, banks, other financial institutions, including any action between one bank and another, any action by or against the Central Bank of Nigeria arising from banking, foreign exchange, coinage, legal tender, bills of exchange, letters of credit, promissory notes and other fiscal measures: Provided that this paragraph shall not apply to any dispute between an individual customer and his bank in respect of transactions between the individual customer and the bank;
(e) arising from the operation of the Companies and Allied Matters Act or any other enactment replacing the Act or regulating the operation of companies incorporated under the Companies and Allied Matters Act;
(f) any Federal enactment relating to copyright, patent, designs, trade marks and passing-off, industrial designs and merchandise marks, business names, commercial and industrial monopolies, combines and trusts, standards of goods and commodities and industrial standards;
(g) any admiralty jurisdiction, including shipping and navigation on the River Niger or River Benue and their affluents and on such other inland waterway as may be designated by any enactment to be an international waterway, all Federal ports, (including the constitution and powers of the ports authorities for Federal ports) and carriage by sea;
(h) diplomatic, consular and trade representation; (i) citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas; (j) bankruptcy and insolvency; (k) aviation and safety of aircraft. (l) arms, ammunition and explosives; (m) drugs and poisons; (n) mines and minerals (including oil fields, oil mining, geological surveys and natural gas); (o) weights and measures: (p) the administration or the management and control of the Federal Government or any of its agencies; (q) subject to the provisions of this Constitution, the operation and interpretation of this Constitution in so far as it affects the Federal Government or any of its agencies; (r) any action or proceeding for a declaration or injunction affecting the validity of any executive or administrative action or decision by the Federal Government or any of its agencies; and (s) such other jurisdiction civil or criminal and whether to the exclusion of any other court or not as may be conferred upon it by an Act of the National Assembly: Provided that nothing in the provisions of paragraphs (p), (q) and (r) of this subsection shall prevent a person from seeking redress against the Federal Government or any of its agencies in an action for damages, injunction or specific performance where the action is based on any enactment, law or equity. (2) The Federal High Court shall have and exercise jurisdiction and powers in respect of treason, treasonable felony and allied offences. (3) The Federal High Court shall also have and exercise jurisdiction and powers in respect of criminal causes and matters in respect of which jurisdiction is conferred by subsection (1) of this section.
Section 252 of the Nigerian Constitution 1999
Powers
(1)For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by an Act of the National Assembly, the Federal High Court shall have all the powers of the High Court of a state. (2) Notwithstanding subsection (1) of this section, the National Assembly may by law make provisions conferring upon the Federal high Court powers additional to those conferred by this section as may appear necessary or desirable for enabling the Court more effectively to exercise its jurisdiction.
Section 253 of the Nigerian Constitution 1999
Constitution
The Federal High Court shall be duly constituted if it consists of at least one Judge of that Court.
Section 254 of the Nigerian Constitution 1999
Practice and procedure
Subject to the provisions of any Act of the National Assembly, the Chief Judge of the Federal High Court may make rules for regulating the practice and procedure of the Federal High Court.
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