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) 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 33 of the Nigerian constitution (Right to Life)
Inioluwa Olaposi is a Law student at Obafemi Awolowo Universities, Ile-Ife, Nigeria. Before LawHub NG, he started publishing law-related posts on his former multi-niche website.