CONSTITUTIONAL LAW — Jurisdiction of State High Court — Section 272 of 1999 Constitution — Jurisdiction can only be curtailed by the Constitution itself, not by an Act of the National Assembly
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC) at pp. 27–28; Paras D–A:
"It is trite law that the jurisdiction of the State High Court as conferred by the Constitution can only be curtailed or abridged or even eroded by the Constitution itself and not by an Act or law respectively of the National Assembly or State House of Assembly, meaning that where there is conflict in that regard between the provisions of the Constitution and the provisions of any other Act or law of National Assembly or House of Assembly respectively the constitution shall prevail if I may emphasize excepting as I have observed above by direct and clear provision in the Constitution itself to that effect."
Explanation / Scope
This principle establishes that the jurisdiction of the State High Court under Section 272 can only be curtailed by the Constitution itself, not by an Act of the National Assembly or State House of Assembly. The principle applies where legislative attempts to oust jurisdiction are challenged. It ensures that State High Court jurisdiction is protected. The principle reflects the supremacy of the Constitution. It prevents legislative erosion of constitutional jurisdiction. The court must uphold the Constitution. The principle provides guidance on the limits of legislative power over jurisdiction.