LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Original Jurisdiction of the Supreme Court Post-1984
PRINCIPLE STATEMENT
Following the modification of section 212 of the 1979 Constitution, the Supreme Court possesses no constitutional original jurisdiction unless expressly conferred by law.
RATIO DECIDENDI (SOURCE)
"In my opinion the provision of section 212 of the 1979 Constitution as modified, which I have earlier in this Ruling set out, is clear and unambiguous that this Court has no constitutional original jurisdiction on any matter unless it is conferred upon it by law. To date, no law has conferred such jurisdiction."
EXPLANATION / SCOPE
This principle fundamentally altered the Supreme Court’s jurisdiction during the military era in Nigeria. Unlike the original 1979 Constitution which may have conferred inherent original jurisdiction, the modified provision made such jurisdiction entirely dependent on statutory conferment. The Supreme Court could not assume original jurisdiction over any matter, regardless of its constitutional importance, unless specific legislation granted such power. This represents a significant departure from the original constitutional framework and limited the Court’s ability to hear certain categories of disputes at first instance. The principle underscores the positivist requirement that jurisdiction must have clear legal foundation rather than being implied or inherent.