Court Jurisdiction in Fundamental Rights

Published on: April 4, 2022 (Updated on: April 28, 2024)

enforcement of fundamental human rights in Nigeria

In the case of Insp. Gabriel of the C.O.P. Monitoring Unit Lagos v Ukpabio & Ors(2022) LPELR-57032(SC). the Nigerian Supreme Court had to determine whether the  Federal High Court has jurisdiction to entertain, hear and determine actions on fundamental human rights like State High Courts.

Which court has jurisdiction for the enforcement of fundamental rights in Nigeria?

Section 46 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides as follows: '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'.

The Nigerian Supreme Court interpreted 'High Court' as meaning both the Federal High Court and the State High Court.

Thus, the Federal High Court and State High Court have concurrent jurisdiction to entertain, hear and determine fundamental rights enforcement cases in Nigeria.

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Author:

Michael Akerele, LLB, MICL, BL