CONSTITUTIONAL LAW ā Constitution Supremacy ā Rule of Court Subordinate to Constitution
Principle Statement
Order 6 Rule 10 of the Rules of the Court of Appeal relied upon by the respondent is only a rule of court, while section 36 of the 1999 Constitution is a constitutional provision. By virtue of the provision of section 1(3) of the 1999 Constitution, the doctrine of supremacy of the Constitution demands that if any law is inconsistent with the provision of the 1999 Constitution, the constitution shall prevail and the other law shall to the extent of the inconsistency be void. Order 6 Rule 10 of the Court of Appeal Rules 2002, shall in the circumstance give way to section 36 of the Constitution.
Ratio Decidendi (Source)
Per Adekeye, JSC, in FBN Plc v. T.S.A. Industries Limited (2010) NLC-123-316-2006(SC) at pp. 47ā48; Paras EāA.
"Order 6 Rule 10 of the Rules of the Court of Appeal relied upon by the respondent is only a rule of court, while section 36 of the 1999 Constitution is a constitutional provision. By virtue of the provision of section 1(3) of the 1999 Constitution, the doctrine of supremacy of the Constitution demands that if any law is inconsistent with the provision of the 1999 Constitution, the constitution shall prevail and the other law shall to the extent of the inconsistency be void. Order 6 Rule 10 of the Court of Appeal Rules 2002, shall in the circumstance give way to section 36 of the Constitution."
Explanation / Scope
This principle establishes that rules of court are subordinate to the Constitution. Where a rule of court conflicts with a constitutional provision, the Constitution prevails and the rule is void to the extent of the inconsistency. The principle applies where procedural rules are challenged as unconstitutional. It ensures that constitutional rights are not overridden by procedural rules. The principle reflects the doctrine of constitutional supremacy. It prevents rules of court from violating fundamental rights. The court must strike down inconsistent rules. The principle provides guidance on the supremacy of the Constitution over rules of court.
