LEGAL PRINCIPLE: CONSTITUTIONAL LAW — High Court — Constitution of High Court — Section 238 of 1979 Constitution — Minimum Number of Judges — Whether Precludes State Law Requiring Two Judges for Appellate Jurisdiction
PRINCIPLE STATEMENT
The Constitution by providing a minimum number of judges does not invalidate any existing law that provides for two or more. For an appeal to the Court of Appeal from the High Court of Plateau State, the interlocutory application to appeal must be granted by not less than two Judges of the High Court. Section 63(1) of the High Court Law of Plateau State is not inconsistent with the Constitution.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Ewete v. Gyang (2003) NLC-251997(SC) at p. 12; Paras A–B.
"The Constitution by providing minimum number of Judges does not make invalid any existing law that provides for two or more. But for appeal to Court of Appeal from the High Court of Plateau State, the interlocutory application to appeal must be granted by not less than two Judges of the High Court. Therefore S.63(1) High Court Law of Plateau State is not inconsistent with the Constitution."
EXPLANATION / SCOPE
State law requiring two judges is not unconstitutional. The Constitution sets a minimum, not a maximum. The principle applies to constitutional law. The rule allows states to require more judges. The court will uphold such provisions. The principle is well-established.
