TITLE OF THE ARTICLE: Developing Definite Principles for Determining the Jurisdiction of the Federal High Court
AUTHORS:
B.A. Oloworaran, LL.M., BL, Principal partner in the Port Harcourt based law research firm, Benuch Legal Consult.
E.U. Oloworaran, LL.M., BL, Director, Institute of Human Capacity Development and Continuing Education, Port Harcourt
ABSTRACT:
The jurisdictional competence of the Federal High Court in civil matters is one of the most controversial and perhaps confusing to ascertain of all the superior courts. Two issues surround the controversy relating to the exclusive jurisdiction granted the Federal High Court under section 251(1) of the Constitution. They are: whether there are persons and subjects upon which the court exercises exclusive jurisdiction and whether there are subjects upon which the court share concurrent jurisdiction with other courts, notoriously, the State High Court, and lately, the National Industrial Court. This paper probes into these issues and posits that although, there are two vital means by which the jurisdiction of the Federal High Court is conferred; (to wit: by the Constitution and; by other statutes passed by the National Assembly); the adoption of relevant principles of law could help clear the doubts in respect of the jurisdiction of the Federal High Court (exclusive or concurrent). The paper identified four principles of interpretation: the principles of identification; categorisation, determination, and exclusion as capable of erasing any confusion in the determination of the jurisdiction of the Federal High Court.