LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Special Jurisdiction of High Court Under Section 46 Distinct from Supervisory Jurisdiction
PRINCIPLE STATEMENT
The jurisdiction conferred on a High Court under section 46 of the 1999 Constitution is neither a supervisory jurisdiction nor the powers of judicial review. It is a special jurisdiction for the purpose of enforcing or securing the enforcement of fundamental rights.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FRN & Anor v. Ifegwu (2003) NLC-1152002(SC) at pp. 11–12; Paras E–A.
"But the jurisdiction conferred on a High Court under section 46 of the 1999 Constitution is neither a supervisory jurisdiction nor the powers of judicial review. It is far beyond and outside of that. It is a special jurisdiction conferred under Chapter IV provisions mainly for the purpose of enforcing or securing the enforcement of fundamental rights."
EXPLANATION / SCOPE
Section 46 jurisdiction is sui generis (special). The principle applies to constitutional law. It is distinct from supervisory jurisdiction and judicial review. The rule ensures direct access for fundamental rights enforcement. The court can intervene even where other remedies are unavailable. The principle is well-established.
