JURISDICTION ā Federal High Court ā Interpretative Jurisdiction under Section 251(1)(q) and (r)
Principle Statement
The Federal High Court has jurisdiction under Section 251(1)(q) and (r) of the 1999 Constitution to entertain actions against federal agencies and the Attorney-General of the Federation for declaratory and injunctive reliefs concerning the interpretation and application of the Constitution.
Ratio Decidendi (Source)
Per Mohammed, JSC, in Ladoja v. INEC & Ors (2007) NLC-123-120-2007(SC) at pp. 12ā13; Paras DāB.
"The declaratory and injunctive reliefs sought therein are squarely within the jurisdiction of the Federal High Court as prescribed under Section 251(1)(q) and (r) of the 1999 Constitution... when the Appellant went to the trial Federal High Court with his case against the 1st Respondent, an agency of the Federal Government and the 2nd Respondent being the Chief Law Officer of the Federation... the action is clearly within the jurisdiction of the trial Court."
Explanation / Scope
The principle confirms the interpretative jurisdiction of the Federal High Court. Under Section 251(1)(q) and (r), the court has exclusive jurisdiction over matters involving the administration, application, or interpretation of any law enacted by the National Assembly and matters arising from the constitutionality of any executive act. Where the action is brought against a federal agency or the Attorney-General, and the reliefs sought are declaratory or injunctive, the Federal High Court is the proper forum. The jurisdiction is not defeated by the nature of the reliefs sought. The principle ensures that constitutional and administrative disputes involving federal bodies are resolved by the Federal High Court. It promotes judicial efficiency and specialisation.
