Section 257, 258 and 259 of the 1999 Constitution: Jurisdiction and Constitution of the High Court of the Federal Capital Territory, Abuja

Federal Capital Territory

The 1999 Constitution

Section 257 (1)

Subject to the provisions of section 251 and any other provisions of this Constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of the Federal Capital Territory,
Abuja shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.

(The High Court of the Federal Capital Territory, Abuja has the same jurisdiction with the High Court of a State i.e. it has the power to hear and judge civil cases where a legal right (e.g. land owner), legal power, legal duty (e.g. Banks to its Customers), liability (e.g. Nuisance), privilege (e.g. Doctor/ Patient, Lawyer/ Client), interest (e.g. Intellectual Property), obligation or claim (e.g. Damages for Passing off) is being argued or in the case of a criminal matter, when it concerns any penalty, forfeiture (to give up), punishment or other liability which relates to an offence committed by a person; )


Section 257 (2)

The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of the Federal Capital Territory, Abuja and those which are brought before the High Court of the Federal Capital Territory, Abuja to be dealt with by the Court in the exercise of its appellate or supervisory jurisdiction.

(Civil and Criminal matters which are referred to in this section are those that either start at the High Court of the Federal High Court, Abuja or brought before it in order for it to exercise its jurisdiction relating to appeals or its supervision; )


Section 258

The High Court of the Federal Capital Territory, Abuja shall be duly constituted if it consists of at least one Judge of that court.

(For the High Court of the Federal Capital Territory, Abuja to exercise its power mentioned in section 257 above, the court has to have at least one judge present; )


Section 259

Subject to the provisions of any Act of the National Assembly, the Chief Judge of the High Court of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the High Court of the Federal Capital Territory, Abuja.

(The Chief Judge of the High Court of the Federal Capital Territory, Abuja has the power to make rules for regulating the practice and procedure of the High Court of the Federal Capital Territory, Abuja but this is subject to the content of any Act of the National Assembly.)


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