ORIGINAL JURISDICTION OF THE SUPREME COURT
The
original jurisdiction of a court is the power to hear a case for the first
time, as opposed to appellate jurisdiction, when a higher court has the power
to review a lower court's decision. Most of the time, the Supreme Court hears cases
that have been decided in a lower court. Thus, the Supreme Court is mainly an
appellate court.
However, by virtue of section 232 (1) of
the 1999 constitution and the Supreme
Court (Additional Original Jurisdiction) Act 2002, the Supreme Court of Nigeria
has original jurisdiction in five instances.
The
Supreme Court, to the exclusion of any other 'court, has original jurisdiction
in any of the following instances;
- Dispute between the Federation and a State
- Dispute between States
- Dispute between the National Assembly and the President
- Dispute between the National Assembly and any State House of Assembly
- Dispute between the National Assembly and a State of the Federation
The Act however, does
not confer original jurisdiction upon the Supreme Court with respect to any
criminal matter.
Any proceedings involving the original jurisdiction of the Supreme Court
must pertain to the existence of a legal right and must be brought by the Attorney
General of the Federation or the State. (section
20 Supreme Court Act).
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