Constitution of the Federal Republic of Nigeria 1999, as amended to 2023
Jurisdiction and Access
  • English
    (1) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a state or between states if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.
    (2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the National Assembly:
    Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter. (Sec. 232)
Jurisdiction and Access
  • English
    (1) The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.
    (2) An appeal shall lie from the decisions of the Court of Appeal to the Supreme Court as of right in the following cases–

    (b) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;
    (c) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV4 of this Constitution has been, is being or is likely to be, contravened in relation to any person;
    … (Sec. 233)
Jurisdiction and Access
  • English
    (1) An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following cases –

    (c) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;
    (d) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;
    … (Sec. 241)
Jurisdiction and Access
  • English
    (1) Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters –

    (q) subject to the provisions of this Constitution, the operation and interpretation of this Constitution in so far as it affects the Federal Government or any of its agencies;
    … (Sec. 251)
Jurisdiction and Access
  • English
    (1) Where any question as to the interpretation or application of this Constitution arises in any proceedings in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or the National Industrial Court or a High Court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal High Court or the National Industrial Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the National Industrial Court or the High Court shall
    (a) if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; or
    (b) if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the National Industrial Court or the High Court may think fit to give.
    (2) Where any question as to the interpretation or application of this constitution arises in any proceedings in the Federal High Court or the National Industrial Court or a High Court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Court of Appeal; and where any question is referred in pursuance of this subsection, the court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.
    (3) Where any question as to the interpretation or application of this constitution arises in any proceedings in the Court of Appeal and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court which shall give its decision upon the question and give such directions to the Court of Appeal as it deems appropriate. (Sec. 295)
1

Constitution of the Federal Republic of Nigeria 1999, as amended to 2023 (English), available in HeinOnline World Constitutions Illustrated Library (2024).

Document last visited 9 January 2024
2
Chapter III on Citizenship.
3
Chapter III on Citizenship.
4
Chapter IV on Fundamental Rights.
5
Chapter IV on Fundamental Rights.
6
Chapter IV on Fundamental Rights.
7
Chapter IV on Fundamental Rights.
8

Part I on Federal Executive, Chapter VI on The Executive.

9

Part I on National Assembly, Chapter V on The Legislature.

10

Chapter VII on the Judicature.

11

Chapter VII on the Judicature.