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 Periodical article |
 Leiden University catalogue |
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| Title: | The Federal/State Courts' jurisdictional controversy: the law and the ideology |
| Author: | Ikhariale, M.A. |
| Year: | 1984 |
| Periodical: | Zambia Law Journal |
| Volume: | 16 |
| Pages: | 59-68 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Nigeria West Africa |
| Subjects: | jurisdiction supreme courts law Justice, Administration of courts judicial system Nigeria. Constitution |
| Abstract: | No issue has created as much controversy within the Nigerian judicature as that generated by the question of the proper scope and specific jurisdiction of the Federal as against the State High Courts. The seemingly unending debate developed out of ignorance about the peculiar nature of the Nigerian federal arrangement and the attempt to import alien and largely incompatible concepts of federalism into Nigerian federal jurisprudence, as well as from the fact that the constitutional and legal environment within which the courts were mutually to operate was unclear. The Supreme Court sought to put an end to the debate when it decided in the case of Bronik Motors Ltd. v. Wema Bank Ltd. (1983) that the Federal High Courts do not have jurisdiction beyond federal revenue matters. However, there is an ongoing argument that Bronik's case does not explain fully the extent of Federal/State Courts' jurisdiction, especially in commercial matters. Against this background, the author examines whether there is really any need to continue with the controversy, whether there is, in fact, such a thing as judicial federalism in Nigeria. Notes, ref. |