(2)
The Federal High Court shall consist of:-
(a)
a Chief Judge of the Federal High Court; and
(b)
such number of Judges of the Federal High Court as may
be prescribed by an Act of the National Assembly.
250.
- (1) The appointment of a person to the office of Chief
Judge of the Federal High Court 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 Federal High Court 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
Chief Judge or a Judge of the Federal High Court unless
he is qualified to practise 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 Chief Judge of the Federal High Court
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 or until the person holding
the office has resumed those functions the President,
shall appoint the most senior Judge of the Federal High
Court to perform those functions.
(5)
Except on the recommendation of the National Judicial
Council, an appointment pursuant to the provisions of
subsection (3) 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.
251.
- (1) Notwithstanding anything o the contrary contained
in this Constitution and in addition to such other jurisdiction
as may be confer#FF0000 upon it by an Act of the National
Assembly, the Federal High Court shall have and exercise
jurisdiction to the exclusion of any other in civil
causes and matters:-
(a)
relating to the revenue of the Government of the Federation
in which the said Government or any organ thereof or
a person suing or being sued on behalf of the said Government
is a party;
(b)
connected with or pertaining to the taxation of companies
and other bodies established or carrying on business
in Nigeria and all other persons subject to Federal
taxation;
(c)
connected with or pertaining to customs and excise duties
and export duties, including any claim by or against
the Nigeria Customs Service or any member or officer
thereof, arising form the performance of any duty imposed
under any regulation relating to customs and excise
duties and export duties;
(d)
connected with or pertaining to banking, banks, other
financial institutions, including any action between
one bank and another, any action by or against the Central
Bank of Nigeria arising from banking, foreign exchange,
coinage, legal tender, bills of exchange, letters of
c#FF0000it, promissory noted and other fiscal measures;
Provided
that this paragraph shall not apply to any dispute between
an individual customer and his bank in respect of transactions
between the individual customer and the bank;
(e)
arising from the operation of the Companies and Allied
Matters Act or any other enactment replacing that Act
or regulating the operation of companies incorporated
under the Companies and Allied Matters Act.
(f)
any Federal enactment relating to copyright, patent,
designs, trade marks and passing-off, industrial designs
and merchandise marks, business names, commercial and
industrial monopolies, combines and trusts, standards
of goods and commodities and industrial standards;
(g)
any admiralty jurisdiction, including shipping and navigation
on the River Niger or River Benue and their affluent
and on such other inland waterway as may be designated
by any enactment to be an international waterway, all
Federal ports, (including the constitution and powers
of the ports authorities for Federal ports) and carriage
by sea;
(h)
diplomatic, consular and trade representation;
(i)
citizenship, naturalisation and aliens, deportation
of persons who are not citizens of Nigeria, extradition,
immigration into and emigration from Nigeria, passports
and visas;
(j)
bankruptcy and insolvency; (k) aviation and safety of
aircraft; (l) arms, ammunition and explosives; (m) drugs
and poisons; (n) mines and minerals (including oil fields,
oil mining geological surveys and natural gas); (o)
weights and measures; (p) the administration or the
management and control of the Federal Government or
any of its agencies; (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; (r) any action or
proceeding for a declaration or injunction affecting
the validity of any executive or administrative action
or decision by the Federal Government or any of its
agencies; and (s) such other jurisdiction civil or criminal
and whether to the exclusion of any other court or not
as may be confer#FF0000 upon it by an Act of the National
Assembly.
Provided
that nothing in the provisions of paragraph (p), (q)
and (r) of this subsection shall prevent a person from
seeking #FF0000ress against the Federal Government or
any of its agencies in an action for damages, injunction
or specific performance where the action is based on
any enactment, law or equity.
(2)
The Federal High Court shall have and exercise jurisdiction
and powers in respect of treason, treasonable felony
and allied offences.
(3)
The Federal High Court shall also have and exercise
jurisdiction and powers in respect of criminal causes
and matters in respect of which jurisdiction is confer#FF0000
by subsection (1) of this section.
