Section 270-274 of the Nigerian Constitution 1999

09 Jun, 2020 Constitution of the Federal Republic of Nigeria 1999 0 Comments 0

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 270 to 274 of the Nigerian Constitution 1999

Table of Contents

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.

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf