Table of Contents
Section 295 (1)
Where any question as to the interpretation or application of this Constitution arises in any proceedings
in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or a High Court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal High Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the High Court shall
(If there is a question regarding the interpretation or the application of the 1999 Constitution during court proceedings in a court other than the Supreme Court, Court of Appeal, Federal High Court or the High Court in Nigeria, and in the Court’s opinion it is an important question of law then the Court where that question regarding the interpretation or application of the Constitution arises, on the request of any of the parties to the case, refer the question to the Federal High Court or a High Court which has jurisdiction in that part of Nigeria. Once this is done, the Federal High Court or the High Court shall; )
Section 295 (1)(a)
if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; or
(The Federal High Court or the High Court shall, in its opinion, refer the question (interpretation or application of the Constitution) to the Court of Appeal if the question involves an important question of law; or)
Section 295 (1)(b)
if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the High Court may think fit to give.
(If it does not involve an important question of law, the Federal High Court or the High Court can refer the question of law back to the Court that referred it in the first place to address the question following the directives which the Federal High Court or the High Court may give; )
Section 295 (2)
Where any question as to the interpretation or application of this constitution arises in any proceedings in the Federal High Court or a High Court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Court of Appeal; and where any question is referred in pursuance of this subsection, the court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.
(Questions that arise regarding the interpretation or application of the Constitution during court proceedings before the Federal High Court or the High Court in Nigeria can be referred to the Court of Appeal by either parties to the case if in the Court’s opinion it is an important question of law. The Court of Appeal will then give its decision regarding the question (interpretation or application of the Constitution) and the Court where that question arose – be it the Federal High Court or the High Court – will thereafter address the case or deal with the case based on the interpretation or application of the law which the Court of Appeal has given; )
Section 295 (3)
Where any question as to the interpretation or application of this constitution arises in any proceedings in the Court of Appeal and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court which shall give its decision upon the question and give such directions to the Court of Appeal as it deems appropriate.
(In situations where questions as to the interpretation or application of the 1999 Constitution arises during court proceedings before the Court of Appeal and in the opinion of the Court of Appeal, the question relates to an important question of law, the court shall, on the directives of the Parties to the case, refer the question to the Supreme Court. Once the Supreme Court has given its decision concerning the interpretation or application of the question, the Supreme Court will give the Court of Appeal directions as to its application in the case.)
Section 296
In this Chapter, unless the context otherwise requires, “office” when used with reference to the validity of
an election to an office includes the office of President of the Federation, Vice-President of the Federation and Governor or Deputy Governor of a State but does not include the office of President of the Senate, Speaker of the House of Representatives, Speaker of a House of Assembly or any office established by this Constitution.
(In this Chapter 7 of the 1999 Constitution, the word “office” when used to refer to the validity of an election to an office, will include the office of the President of the Federation, Vice President of the Federation and Governor or Deputy Governor of a State but it will not include the office of the President of the Senate, Speaker of the House of Representative, Speaker of a House of Assembly or any office which has been established or created by the 1999 Constitution.)
It is important to point out that the Court system in Nigeria follows a hierarchy and that hierarchy is followed strictly. When reporting matters or issues it flows from the lower court to the upper court. High Court/ Federal High Court – the Court of Appeal – the Supreme Court.
It is clearly shown that when reporting issues that arise during a case/ court proceeding concerning questions of interpretation or application of the 1999 Constitution, that same hierarchy/ rule is followed an applied.
It is also worthy to note than in each of the situations, the Court where the question arises does not unilaterally refer the question to the upper/ higher court but that decision to do so is left to either of the Parties. This means that either Party of the case/ suit must first make that request to the court that they wish for an interpretation or understand its application before the court can, following their wishes, comply.
