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Section 46 of the Nigerian Constitution 1999

Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

Section 46 of the Nigerian Constitution

Section 46 of the constitution of Nigeria is about Special jurisdiction of High Court and Legal aid. It is under Chapter IV (Fundamental Rights) of the constitution. Section 46 has four subsections.

  1. (1) Any person who alleges that any of the provisions of this Chapter has been, is being or likely to
    be contravened in any State in relation to him may apply to a High Court in that State for redress.

    (2) Subject to the provisions of this Constitution, a High Court shall have original
    jurisdiction to hear and determine any application made to it in pursuance of this
    section and may make such orders, issue such writs and give such directions as it may
    consider appropriate for the purpose of enforcement or securing the enforcing within
    that State of any right to which the person who makes the application may be entitled
    under this Chapter.

    (3) The Chief Justice of Nigeria may make rules with respect to the practice and
    procedure of a High Court for the purposes of this section.

    (4) The National Assembly –
    (a) may confer upon a High Court such powers in
    addition to those conferred by this section as may
    appear to the National Assembly to be necessary
    or desirable for the purpose of enabling the court
    more effectively to exercise the jurisdiction
    conferred upon it by this section; and

    (b) shall make provisions-
    (i) for the rendering of financial assistance to any
    indigent citizen of Nigeria where his right under
    this Chapter has been infringed or with a view to
    enabling him to engage the services of a legal
    practitioner to prosecute his claim, and
    (ii) for ensuring that allegations of infringement
    of such rights are substantial and the requirement
    or need for financial or legal aid is real.
See also  Section 206-212 of the Nigerian Constitution 1999

See also: Section 33 of the Nigerian constitution (Right to Life)


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