LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Reference Under Section 295(2) Mandatory Upon Request by Any Party
PRINCIPLE STATEMENT
When the proper conditions for making a reference under section 295(2) are present, the court has no discretion. It is bound to make the reference. Whether requested by all parties or only one party, the provision is mandatory.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FRN & Anor v. Ifegwu (2003) NLC-1152002(SC) at pp. 30–31; Paras E–A.
"Therefore it is plain that when the proper conditions for making a reference are present the court to which the request is made has no discretion. It is bound to make the reference. When all the parties involved make a request there is certainly nothing more to expect from the court in order to make the reference. But when only one of the parties makes the request, still the provision says that it is mandatory on the court to make the reference."
EXPLANATION / SCOPE
Section 295(2) reference is mandatory, not discretionary. The principle applies to constitutional law. The court must refer constitutional questions when requested. The rule ensures that constitutional issues are properly determined. The court cannot refuse the request. The principle is well-established.
