JURISDICTIONAL CRISIS INVOLVING STATE HIGH COURTS AND FEDERAL HIGH COURT IN THE ENFORCEMENT OF FUNDAMENTAL RIGHTS IN NIGERIA

Abstract

The 1999 Constitution of the Federal Republic of Nigeria in furtherance of its mandate to protect the fundamental rights of Nigerian citizens, under Section 46 (1) empowers a Nigerian citizen to seek redress for an alleged infringement of any of his fundamental rights in the High Court of the state where the purported contravention took place. Thus, the Federal High Court and State High Courts share concurrent jurisdiction in matters pertaining to enforcement of fundamental rights. This paper in the light of conflicting decisions of the Nigerian trial and appellate courts appraises the jurisdictional powers of the State High Courts to entertain matters pertaining to enforcement of fundamental rights, most especially when the alleged infraction of these basic rights emanates from a subject matter within the exclusive jurisdiction of the Federal High Court. This paper in its findings advocates that due to the importance of these rights, a Nigerian citizen whose right is allegedly infringed is at liberty to choose either the State High Court or Federal High Court in that state and this right is to be exercised notwithstanding the parties involved and the subject matter before the court.