FEDERAL HIGH COURT ACT

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LAWS OF THE FEDERATION OF NIGERIA

FEDERAL HIGH COURT ACT

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EXPLANATORY MEMORANDUM

An Act to establish the Federal High Court as a High Court with certain special powers and to provide for all other matters connected therewith.

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ARRANGEMENT OF SECTIONS

Part I – The Constitution of the Federal High Court

1. Establishment of the Federal High Court.
2. Appointment of Judges.
3. Tenure of office of Judges.
4. Precedence.
5. Salaries and allowances of Judges.
6. Seal of the Court.

Part II – Jurisdiction and Law

7. Jurisdiction, etc.
8. Cesser of jurisdiction, etc.
9. Practice and procedure.
10. Administration of law and equity.
11. Determination of matter completely and finally.
12. Rules of equity to prevail.
13. Injunctions and receivers.
14. Orders of mandamus, prohibition and certiorari.
15. Injunction in lieu of quo warranto..
16. Execution of instruments by order of Court.
17. Reconciliation in civil and criminal cases.
18. Reservation of point of law for Court of Appeal.

Part III – Sitting and Distribution of Business

19. Divisions of the Court.
20. Sittings.
21. Judge’s absence.
22. Power of transfer.
23. Proceedings to be disposed of by single Judge.
24. Powers of single Judge in Court and in chambers.
25. Discharge of orders made in chambers.
26. Power to transfer causes or matters to magistrates’ courts.
27. Transfer of causes or matters from magistrates’ courts.
28. Appellate jurisdiction.
29. Power of Court in civil appeals.
30. Power of Court in criminal appeals
31. Power of Court on appeal against acquittal or dismissal.
32. Appeals to the Court of Appeal.

 Part IV – General Provisions as to Trial and Procedure

33. Criminal procedure.
34. Trial of revenue causes or matters in priority to any other business.
35. Trial with assessors.
36. Reference for report.
37. Reference for trial.
38. Powers and remuneration of referee and arbitrators.
39. Court to have powers as in submissions.
40. Power to order habeas corpus to issue.
41. Statement of case pending arbitration.
42. Power of Court to impose terms as to costs.
43. Meaning of “reference”.

Part V – Rules of Court

44. Power to make Rules of Court.

Part VI – Venue

45. Places where offence may be tried.

 Part VII – Miscellaneous

46. Chief Registrar and other officers of Court.
47. Negligence or misconduct of officers.
48. Restriction on officers of Court buying property sold at execution.
49. Costs.
50. Allowances to witnesses.
51. How allowances are to be defrayed.
52. Person in Court may be required to give evidence though not summoned.
53. In what cases prisoners may be brought by warrant to give evidence.
54. Production and custody of prisoners required to give evidence.
55. Law not to affect rules of evidence or jurisdiction.
56. Representation of the Government, etc.
57. Right to practise.
58. Provisions pending appeal.
59. Notes of evidence and minutes of proceedings to be kept by presiding Judge.
60. Inspection.
61. Chief Judge may appoint commissioners for affidavits or for taking evidence.
62. Protection of commissioner from action.
63. Judicial officers not liable to be sued if they acted in good faith.
64. interpretation.
65. Savings.
66. Short title.

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FEDERAL HIGH COURT ACT

An Act to establish the Federal High Court as a High Court with certain special powers and to provide for all other matters connected therewith.

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[COMMENCEMENT]                             [13th April 1973]

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