Meaning of section 6 (2) of 1999 constitution

What is the Meaning of section 6 subsection two of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 6 (2) of 1999 constitution

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Meaning of section 6 (2) of 1999 constitution

The section 6 subsection 2 of Nigeria 1999 constitution power of judiciary stated that

The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State

This clause is Means that:

1 The power to interpret and apply the laws of a State is granted to the courts established by that State.

2 These courts are responsible for administering justice and resolving legal disputes within the State.

3 Each State has its own court system, established by the State, to handle legal matters specific to that State.

4 These courts have the authority to make binding decisions on State laws and disputes, ensuring consistency and uniformity in the application of State laws within that State.

This clause establishes the state judiciary as a separate and independent branch of government at the State level, responsible for upholding the rule of law and ensuring access to justice within the State. It also highlights the constitutional framework that governs the establishment and operation of State courts.

Here is the breakdown of this section

Judicial Powers: This refers to the authority to settle legal disputes and interpret laws.

State: This refers to a specific region or territory within a federal country.

Vested in the Courts: This means the responsibility for legal matters is given to the courts.

Courts to which this section relates: Similar to the previous law, this refers to specific courts mentioned in this section of the constitution (which may not be shown here). These courts will have the judicial power for the state.

Established for the State: These are courts created by the state government, not the federal government.

Subject as provided by this Constitution: This means the state courts’ power might have some limitations outlined elsewhere in the constitution.

To put it simply, this law says that courts set up by a state government have the authority to handle legal issues within that state, following any restrictions laid out in the constitution.

This section is defining where the judicial powers of the individual Nigerian states are vested:

“The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.”

In simpler terms, this means:

The authority and responsibility to exercise judicial power on behalf of each individual Nigerian state is granted to the courts that are established at the state level, rather than at the federal level.

The key points of these sections are:

1. Judicial Powers Vested in State Courts

– The judicial powers of each individual Nigerian state government are given to the courts that are set up and operate at the state level, not the federal courts.

2. State Courts Established by Constitution

– These state-level courts exercising judicial power must be ones that have been established in accordance with the provisions laid out in the Nigerian Constitution.

3. Subordinate to Federal Constitution

– While the states have their own judicial systems, these state courts and their powers are still subject to and constrained by the overarching federal Constitution.

So in essence, this clause establishes that the judicial branch of the government at the state level, with the power to interpret and apply the law within that state, resides in the system of courts set up specifically for each individual Nigerian state. However, the state judicial powers are still ultimately subordinate to the federal Constitution.