CONSTITUTIONAL LAW — Section 251(1)(r) of the 1999 Constitution — Exclusive Jurisdiction of Federal High Court — Declaration or injunction Must Affect Validity of Executive Action
Principle Statement
Applying this provision to the claims of the Plaintiffs/Appellants in the instant case, although the claims indeed include a declaration and injunction, there is nothing to show that the declaration and injunction being claimed relate or affect the validity of any executive or administrative action or decision of the Federal Government or any of its agencies.
Ratio Decidendi (Source)
Per Mohammed, JSC, in Adetayo & Ors v. Ademola & Ors (2010) NLC-123-229-2004(SC) at p. 10; Paras A–C.
"Applying this provision to the claims of the Plaintiffs/Appellants in the instant case, although the claims indeed include a declaration and injunction, there is nothing to show that the declaration and injunction being claimed relate or affect the validity of any executive or administrative action or decision of the Federal Government or any of its agencies."
Explanation / Scope
This principle establishes that under Section 251(1)(r), the Federal High Court’s exclusive jurisdiction requires that the declaration or injunction affect the validity of executive action. The principle applies where the Federal High Court’s jurisdiction is invoked. It ensures that only matters affecting executive action fall within its exclusive jurisdiction. The principle reflects the constitutional limitation. It prevents the Federal High Court from hearing matters outside this scope. The court must determine if the claim affects executive action. The principle provides guidance on the scope of Section 251(1)(r).
