The Parallel System of Federal and State High Courts in a Federation A Case for Federal High Court

Abstract

On the occasion of the commissioning of the Federal High Court new building in November this year (1995), I said among other things:

"...... a Federal High Court is not a Nigeria innovation, but a common practice of, indeed a flow from, a Federal set up of Government where there is a dual legislative power; while State High Court interprets and administers Laws passed by the State Legislative bodies, the Federal High Court equally interprets and administers Laws passed by the Federal Legislative organ. There is no need for rivalry or jealousy between the two bodies as the two have different tracks to follow but both have the same responsibility to see that justice is administered to all manner of men without fear or favour, affection or ill-will. There are more than enough in each plate to satisfy the appetite of each. Both meet at the Court of Appeal and flow together to the Supreme Court".

The fact stated in the above passage to me was and is the true position in a Federal set up of Government. The Federal Republic of Nigeria is composed of units of State Governments and the Federal Government. Each of the States has its High Court administering all laws enacted by the State Legislature, even the Federal Capital Territory of Abuja has its own High Court operating within the boundary of the Capital Territory. The equivalent of State High Court to the Federal High Court or High Court of Capital Territory is Federal High Court to the Federal Government. The Federal High Court can only administer the limited subjects given to the Federal Government in