Chapter VII – The Judicature, Part I – Federal Courts, D – The High Court of the Federal Capital Territory, Abuja

Chapter VII – The Judicature, Part I – Federal Courts

D – The High Court of the Federal Capital Territory, Abuja

255. (1)There shall be a High Court of the Federal Capital Territory, Abuja.

(2) The High Court of the Federal Capital Territory, Abuja shall consist of –

(a) a Chief Judge of the High Court of the Federal Capital Territory, Abuja; and

(b) such number of Judges of the High Court as may be prescribed by an Act of the National Assembly.

256. (1) The appointment of a person to the office of Chief Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial council, subject to confirmation of such appointment by the senate.

(2) The appointment of a person to the office of a Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the president on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office of a Chief Judge or a Judge of the High Court of the Federation Capital Territory, Abuja unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.

(4) If the office of the Chief Judge of the High Court of the Federal Capital Territory, Abuja is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office until the person holding the office has resumed those functions, the President shall appoint the most senior Judge of the High Court of the Federal Capital Territory, Abuja, to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not re-appoint a person whose appointment has lapsed.

 

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.

(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.

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.

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.