Jurisdiction of federal high court
- Constitution of the Federal Republic of Nigeria 1999
Section 251-(1) provides that ………….
Notwithstanding anything to the contrary 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 excise 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 organist the Nigeria Customs Services 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;
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 that Act or regulating the operation of companies incorporated under the Companies and Allied Matters Act.
(f) any Federal enactment relating to copyright, patent, designs and trademarks 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 the River Niger 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 constitution and powers of ports authorities for Federal Ports) and carriage by sea;
(h) diplomatic, consular and trade representation;
(i) citizenship, naturalization 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 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 noting 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.
(4) The Federal High Court shall have an exercise jurisdiction to determine any question as to whether the term of office or a seat of a member of the senate or the House of Representative has cease or his seat has become vacant.
252 - (1) For the purpose of excising 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 effective to exercise its jurisdiction.
- The Federal High Court shall be duty constituted of at least one judge of that Court.
- Subject to the provision 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.