What is the Meaning of section 6 subsection five of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 6 (5) of 1999 constitution
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Meaning of section 6 (5) of 1999 constitution
The section 6 subsection 5 of Nigeria 1999 constitution power of judiciary stated that
This section relates to- (a) the Supreme Court of Nigeria; (b) the Court of Appeal; (c) the Federal High Court; (cc) the National Industrial Court (d) the High Court of the Federal Capital Territory, Abuja; (e) a High Court of a State (f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja; (g) a Sharia Court of Appeal of a State; (h) the Customary Court of Appeal of the Federal Capital Territory, Abuja; (i) a Customary Court of Appeal of a State; (j) such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and (k) such other courts as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws.
This section is listing the various types of courts in Nigeria that this legal provision applies to.
– The highest courts:
– Supreme Court of Nigeria
– Court of Appeal
– Federal courts:
– Federal High Court
– National Industrial Court
– State courts:
– High Court of a State
– Sharia Court of Appeal of a State (for Islamic law matters)
– Customary Court of Appeal of a State (for traditional law matters)
– Special courts:
– High Court of the Federal Capital Territory, Abuja (for the capital city)
– Sharia Court of Appeal of the Federal Capital Territory, Abuja (for Islamic law matters in the capital city)
– Customary Court of Appeal of the Federal Capital Territory, Abuja (for traditional law matters in the capital city)
– Other courts that may be established by law to handle specific matters, including:
– Courts authorized by the National Assembly to handle federal matters
– Courts authorized by a State House of Assembly to handle state matters
In simpler terms, this section is saying that this legal provision applies to all the different types of courts in Nigeria, including the highest courts, federal courts, state courts, special courts, and any other courts that may be established by law to handle specific types of cases.
So in summary, this section lays out the specific superior courts of record that are being established by the constitution, covering the federal-level courts as well as the courts at the state level. It also allows for the creation of additional courts by the legislative bodies, as long as they operate within the jurisdictions defined.
The key point is that this section comprehensively defines the judicial system structure in Nigeria, from the top-level Supreme Court down to additional courts that can be added as needed by the federal and state governments.
Function of these Court
Supreme Court of Nigeria: The highest court in the land.
Court of Appeal: Hears appeals from lower courts.
Federal High Court: Deals with federal government cases and certain other matters.
National Industrial Court: Handles disputes related to labor and employment.
High Courts: Means Each state has its own High Court, which is the highest court in that state.
Sharia Court of Appeal: Means Handles appeals in matters related to Islamic law in some areas.
Customary Court of Appeal: Means Deals with appeals in matters based on traditional laws and customs in some areas.
(j) and (k): These sections allow for the creation of additional courts:
(j): The National Assembly (federal legislature) can create new courts to handle matters they have the power to make laws about.
(k): Each state’s House of Assembly can create new courts to handle matters they have the power to make laws about.
Important points to remember:
The courts listed in (a) to (i) are the main ones established by the Constitution.
The courts created under (j) and (k) must have less power than the ones listed in (a) to (i). These are called “courts of subordinate jurisdiction.”