LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Supremacy of the Constitution — Constitutional Provisions Prevail Over Inconsistent State Laws
PRINCIPLE STATEMENT
Being a provision of the Constitution, any law particularly law of a State which is in conflict with it becomes null and void and that the provision of section 10(1) of the Ogun State High Court Law to the extent that it seeks to limit the jurisdiction of the High Court as provided by section 236 of the 1979 Constitution is of no effect; and that the High Court had jurisdiction to determine the case as it did.
RATIO DECIDENDI (SOURCE)
Per Sulu-Gambari, JCA (as approved by the Supreme Court) Okulate & Ors v. Awosanya & Ors (2000) NLC-1981992(SC) at p. 6; Paras. A–B.
"Being a provision of the Constitution, any law particularly law of a State which is in conflict with it becomes null and void and that the provision of section 10(1) of the Ogun State High Court Law to the extent that it seeks to limit the jurisdiction of the High Court as provided by section 236 of the 1979 Constitution is of no effect; and that the High Court had jurisdiction to determine the case as it did."
EXPLANATION / SCOPE
The Constitution is supreme; any state law inconsistent with it is void to the extent of the inconsistency. State laws cannot limit or qualify the jurisdiction constitutionally conferred on courts. Section 236 of the 1979 Constitution granted the High Court unlimited jurisdiction; any state law purporting to restrict that jurisdiction is unconstitutional and of no effect. This principle enforces constitutional supremacy and prevents state legislatures from undermining the judicial powers constitutionally vested in courts. Constitutional grants of jurisdiction cannot be curtailed by ordinary legislation.