CONSTITUTIONAL LAW — Judicial Powers — Jurisdiction of State High Courts — Ouster of Jurisdiction by State Law
Principle Statement
Any law, particularly the law of a State, which is in conflict with it [Section 236(1) of the 1979 Constitution], is null and void.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC) at p. 7; Paras A–B.
"Any law, particularly the law of a State, which is in conflict with it [Section 236(1) of the 1979 Constitution], is null and void."
Explanation / Scope
This principle establishes the supremacy of the Constitution over State laws. Section 236(1) of the 1979 Constitution (now Section 272 of the 1999 Constitution) confers jurisdiction on State High Courts. Any State law attempting to oust or limit this jurisdiction is null and void to the extent of the inconsistency. The principle ensures that State legislatures cannot undermine the constitutional jurisdiction of State High Courts. It applies where a State law purports to remove jurisdiction over certain matters. The Constitution is supreme, and any conflicting law is void. This principle safeguards judicial independence and constitutionalism.