Section 255 to 259 of the Nigerian Constitution 1999
Table of Contents
ToggleSection 255-259 of the Nigerian Constitution 1999 is under D (The High Court of the Federal Capital Territory, Abuja) of Part I (Federal Courts) of Chapter VII (The Judicature) of the constitution.
Section 255 of the Nigerian Constitution 1999
Establishment of the High Court of the Federal Capital Territory, Abuja
(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.
Section 256 of the Nigerian Constitution 1999
Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja
(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.
Section 257 of the Nigerian Constitution 1999
Jurisdiction
(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.
Section 258 of the Nigerian Constitution 1999
Constitution
The High Court of the Federal Capital Territory, Abuja shall be duly constituted if it consists of at least one
Judge of that court.
Section 259 of the Nigerian Constitution 1999
Practice and procedure
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.