LEGAL PRINCIPLE: JURISDICTION – Enforcement of Fundamental Rights – Original Jurisdiction of the High Court
PRINCIPLE STATEMENT
The jurisdiction to entertain any suit alleging violation of fundamental rights can only be exercised by a High Court in accordance with the provisions of section 42 subsections (1) and (2) of the Constitution. The jurisdiction of the Supreme Court is merely appellate and not original.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC (citing Uwais, JSC), in Kalu v. State (1998) NLC-241996(SC) at pp. 100–101; Paras A–C.
"The jurisdiction to entertain any suit which alleges that any fundamental right... can only be exercised by a High Court in accordance with the provisions of section 42 subsections (1) and (2) of the Constitution... The jurisdiction of the Supreme Court is merely appellate and not original..."
EXPLANATION / SCOPE
Fundamental rights enforcement originates in the High Court. The Supreme Court has only appellate jurisdiction. The principle applies to all fundamental rights claims. The claimant must commence in the High Court. The rule ensures proper judicial hierarchy. The Supreme Court cannot exercise original jurisdiction. The principle is constitutional.