Meaning of section 6 (4) of 1999 constitution

What is the Meaning of section 6 subsection four of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 6 (4) of 1999 constitution

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Meaning of section 6 (4) of 1999 constitution

The section 6 subsection 4 of Nigeria 1999 constitution power of judiciary stated that

Nothing in the foregoing provisions of this section shall be construed as precluding- (a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court

This legal text is mean that:

The previous parts of this section (about the highest courts in Nigeria) don’t prevent:

– The National Assembly (federal government) or

– A State’s House of Assembly

from creating additional courts that are lower in rank than the High Court.

In simpler terms, this means that the federal or state governments can establish smaller courts that answer to the High Court, but these smaller courts won’t have the same authority as the highest courts mentioned earlier.

– Highest courts (Federal and State)

– High Court

– Lower courts (which can be created by the government)

These lower courts will have limited powers and will be overseen by the High Court.

The previous section established the superior courts of record in Nigeria – the highest-level courts outlined in subsections (5)(a) to (5)(i).

However, this new part states that nothing in that previous section should be interpreted as preventing or precluding:

(a) The National Assembly (federal legislature) or any State House of Assembly from establishing additional courts, other than the superior courts mentioned earlier.

The key point here is that while the constitution has defined the top-level courts, it does not prohibit the national or state governments from creating additional lower-level courts that have jurisdiction subordinate to (lower than) the High Courts.

In other words, the constitution sets up the framework for the superior courts, but allows the legislative bodies to establish other, lesser courts beneath that top tier as they see fit. This provides flexibility for the government to build out the full judicial system as needed.

The important distinction is that these additional courts would have a more limited jurisdiction and authority compared to the superior courts of record specified in the earlier part of this section.

Does this help explain the meaning and intent of this additional paragraph in clearer, more understandable terms? Let me know if you need any clarification or have additional questions!

Here is the breakdown of this section

The previous part likely established the main court system in Nigeria.

This part says that even though it established those courts, it doesn’t stop the National Assembly (federal government) or the State Houses of Assembly (state governments) from creating more courts.

There’s one restriction: any new courts created must have less power than the High Courts mentioned earlier. These new courts are called “courts of subordinate jurisdiction.”

In simpler terms, this law allows the government to create lower-level courts in addition to the main court system.

Here are some examples of lower-level courts they might create:

1 Traffic courts

2 Family courts

3 Small claims courts

These courts would handle less serious cases or cases involving smaller amounts of money.

Meaning of section 6 (4b) of 1999 constitution

b) the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being

This part of the law deals with the power of the National Assembly and the Houses of Assembly of each state in Nigeria regarding the courts they create. Here’s a breakdown:

National Assembly or House of Assembly can abolish courts they create: This means if the National Assembly or a state’s House of Assembly sets up a court (other than the ones listed in the constitution), they can also decide to abolish (get rid of) that court if they choose to.

They don’t have to abolish them: This is interesting because it gives them the option but doesn’t force them. They can keep the courts they create even if they aren’t strictly necessary.

Here’s an analogy: Imagine you built a treehouse in your backyard. This law says you can take it down later if you want, but you’re not required to.

There could be a few reasons why they might abolish a court:

The court might not be used very much.

It might be too expensive to maintain.

They might decide its function can be handled by another court.

It’s important to note that this power isn’t absolute. There might be other laws or regulations that make it difficult to simply abolish a court.

The previous sections established the superior courts of record in Nigeria, and also allowed the National Assembly (federal legislature) or any State House of Assembly to establish additional lower-level courts beneath the superior courts. This new part states that the National Assembly or State House of Assembly is also able to abolish any court that it has the power to establish or has previously brought into being.

In other words, the legislative bodies at the federal and state level have the authority to not only create new courts, but also to get rid of or abolish any courts that they had previously established, as long as those courts are not part of the superior courts of record outlined earlier.

The key point here is that the constitution gives the legislative branches flexibility and control over the broader judicial system, beyond just the specified superior courts. They can add new lower-level courts as needed, and also remove or abolish courts that they had previously created, as long as they are not interfering with the core superior courts.

This allows the government to adapt and restructure the court system as necessary, without being overly constrained by the constitution’s provisions for the superior courts.

This legal text is saying that:

The National Assembly (federal government) or a State’s House of Assembly has the power to:

– Abolish (get rid of) any court that:

– They created themselves, or

– They have the authority to establish

In simpler terms, this means that the government (federal or state) can shut down any court that they themselves created or have the power to create. They don’t need any special permission to do so.

Think of it like a parent-child relationship:

– The government (parent) creates a court (child)

– The government (parent) has the power to discipline or abolish the court (child) if needed

This provision gives the government the authority to discontinue any court that they deem unnecessary or ineffective.