Background
This case concerns an appeal by Alhaji Lawan Zakari against a ruling of the High Court of Justice F.C.T., Abuja, which dismissed his application to enforce his fundamental rights. Zakari was detained by the police following a complaint from a former business partner, Wale Opeyemi, regarding an alleged debt of N922,000. The trial court raised, suo motu, an issue about its jurisdiction to hear the application, referencing the combined effect of Decree No. 107 of 1993 and Section 42 of the 1979 Constitution.
Issues
The key issues for determination in this appeal included:
- Whether the jurisdiction of the High Court concerning the enforcement of fundamental rights had been taken away and exclusively vested in the Federal High Court.
- Whether the trial court's order of dismissal was appropriate after it held it lacked jurisdiction.
Ratio Decidendi
The Court of Appeal held that:
- Both the High Court and the Federal High Court have concurrent jurisdiction to enforce fundamental human rights as stipulated in Section 42 of the 1979 Constitution.
- A court that lacks jurisdiction should strike out the case rather than dismissing it.
Court Findings
The court analyzed the relevant legal provisions and concluded that:
- Section 42 of the 1979 Constitution, which provides for the enforcement of fundamental rights, has not been repealed or altered by implication through Decree No. 107 of 1993.
- The provisions of Decree No. 107 of 1993 do not exclusively vest jurisdiction in the Federal High Court with regard to fundamental human rights enforcement.
- The trial court's dismissal of the application was, therefore, erroneous, as it should have struck the application out instead.
Conclusion
Ultimately, the Court of Appeal allowed the appeal, set aside the ruling of the lower court, and transferred the case for hearing by another judge at the High Court of the Federal Capital Territory, Abuja.
Significance
This case is significant as it clarifies the concurrent jurisdiction of the High Court and Federal High Court in enforcing fundamental rights under Nigerian law, reinforcing the legal principle that courts must strike out cases they lack jurisdiction over, rather than dismissing them outright. The decision emphasizes the importance of adherence to constitutional provisions when navigating jurisdictional questions.