1.     (1)     There is hereby established a High Court of Justice which shall be styled "The Federal High Court (hereafter in this Act referred to as "the Court").

(2)     The Court shall consist of the following

(a)     the Chief Judge, who shall have overall control and supervision of the administration of the Court; and

(b)     fifty Judges of the Court.

(3)     The Court shall be a superior court of record and, save as otherwise provided by law, shall have all the powers of the High Court of any of the States in the Federation.

(4)     The Court shall assume its functions on such date as may be appointed by an order made by the President of the Federal Republic of Nigeria.

2.     (1)     The Chief Judge of the Court and the other Judges of that Court shall be appointed by the President on the recommendation of the Federal Judicial Service Commission.

(2)     A person shall not be qualified to hold the office of a Judge of the Court unless

(a)     he is or has been a Judge of a Court having unlimited jurisdiction in civil and criminal matters in Nigeria or a court having jurisdiction in appeals from any such court; or

(b)     he is qualified for admission as a legal practitioner in Nigeria and has been so qualified for not less than ten years:
Provided that in computing the period during which any person has been qualified for admission as a legal practitioner any period during which he has held office as a Judge or Magistrate after becoming so qualified shall be included.

(3)     If the office of the Chief Judge is vacant or if the person holding the office is for any reason unable to perform the functions of his 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, as the case may be, those functions shall be performed by such one of the other Judges of the Court as may, from time to time, be designated in that behalf by the President acting on his discretion from among the Judges of the Court.

(4)     If the office of any Judge of the Court other than the Chief Judge's is vacant or if the person holding the office is acting as Chief Judge or is for any reason unable to perform the functions of his office, the President acting after consultation with the Federal Judicial Service Commission, may appoint a person with such qualifications as prescribed in this Act to act in the office of a Judge of the Court; and any person so appointed shall continue to act for the period of the appointment or if no period is specified until his appointment is revoked.

4.    (1)     The Chief Judge shall take precedence of the other Judges of the Court, and the other Judges shall take precedence after the Chief Judge in accordance with such directions as may be given by the President.

(2)     The Chief Judge shall rank equal with the Chief Judge of the States of the Federation and of the Federal Capital Territory, Abuja in precedence and the Judges of the Court shall, in like manner, rank with the Judges of the High Courts of the States and of the Federal Capital Territory, Abuja.

5.     (1)     There shall be paid to the Chief Judge and to each of the other Judges of the Court, such salaries and remunerations as are payable, respectively , to the Chief Judge of the States of the Federation and of the Federal Capital Territory, Abuja and the Judges of the High Courts of the States and of the Federal Capital Territory, Abuja.

(2)     There shall also be paid to each Judge on account of expenses incurred in connection with his office or otherwise such allowances as are considered reasonable by the Federal Government.

(3)     The amounts payable under the provisions of this section shall be charged upon and paid out of the Consolidated Revenue Fund of the Federation.

6.     (1)     The Court shall have and may use a seal bearing a device or impression approved by the Chief Judge with the inscription "The Federal High Court".

(2)     The seal shall be kept by the Chief Judge and the duplicate thereof shall be kept by each of the other Judges, and the Chief and other Judges may entrust the seal or duplicate to such officers of Court as they may think fit.

(3)   Such seal shall be a seal of the Court for all purposes for which it may be required under the provisions of any enactment or Rule of Court.

7.     (1)     The Court shall have and exercise jurisdiction in civil causes -

(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-

(i)     the taxation of companies and of other bodies established or carrying on business in Nigeria and all other persons subject to Federal taxation,

(ii)     customs and excise duties,

(iii)   banking, foreign exchange, currency or other fiscal measures;

(c)     arising from-

(i)     the operation of the Companies and Allied Matters Act or any other enactment regulating the operation of companies incorporated under the Companies and Allied Matters Act,

(ii)     any enactment relating to copyright, patents, designs, trade marks and merchandise marks;

(d)     of Admiralty jurisdiction.

(2)     The Court shall also have and exercise jurisdiction and powers in respect of criminal causes and matters arising out of or connected with any of the matters in respect of which jurisdiction is conferred by subsection (1) of this section.

(3)     The jurisdiction conferred under subsection (1) of this section in respect of criminal causes and matters shall without prejudice to the generality of that subsection and subject to section 64(3) of this Act include original jurisdiction in respect of offences under the provisions of the Criminal Code Act being offences in relation to which proceedings may be initiated at the instance of the Attorney- General of the Federation.

(4)     The National Assembly may by an Act confer jurisdiction on the Court in respect of such other causes and matters of like nature as those set out in the foregoing subsections as he may, from time to time, at his discretion specify.

8.     (1)     In so far as jurisdiction is conferred upon the Court in respect of the causes or matters mentioned in the foregoing provisions of this Part of this Act, the High Court or any other court of a State or of the Federal Capital Territory, Abuja shall, to the extent that jurisdiction is so conferred upon the Court, cease to have jurisdiction in relation to such causes or matters.

(2)     Notwithstanding subsection (1) of this section, the President may by order and to the extent set out in the said order vest in the High Court or any other court of a State or of the Federal Capital Territory, Abuja Federal jurisdiction either generally in relation to the causes and matters set out in the preceding section or specially in relation to any particular cause or matter which may be specified in the said order.

(3)     Nothing in the foregoing provisions of this section shall affect the jurisdiction and all other powers of the High Court or any other court of a State to continue to hear and determine causes and matters which are part-heard before such court at the date of the assumption of the functions of the Federal High Court or at the date when jurisdiction is otherwise conferred on the Court by the President, and any proceedings in any such causes and matters, which are still part-heard at the expiration of the period of six months beginning with the date of assumption of the functions of the Court or at the date when jurisdiction is otherwise conferred on the Court, shall abate on the expiration of that period.

9.    (1)   The jurisdiction vested in the Court shall, so far as practice and procedure are concerned, be exercised in the manner provided by this Act or any other enactment or by such rules and orders of court as may be made pursuant to this Act.

(2)     Where a matter arises in respect of which no provision of no adequate provisions are made in the Rules under subsection (1) of this Act or in any other Act, Decree or enactment, the Court shall adopt such procedure as it deems fit to do substantial justice between the parties concerned

13.     (1)         The Court may grant an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.

  (2)          Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.

  (3)          If, whether before, or at, or after the hearing of any civil cause, or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the Court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.

  (4)          The power conferred by this section to grant an injunction by an interlocutory order may be exercised notwithstanding that the same is granted against an officer or authority of the Federation as such.

14.    (1)         The Court shall have the power to make an order of mandamus requiring any act to be done or an order of prohibition prohibiting any proceedings, cause or matter, or an order of certiorari removing any proceedings, cause or matter into the Court for any purpose.

  (2)          The power conferred by this section to make an order of mandamus, prohibition or certiorari may be exercised notwithstanding that the order is made against an officer or authority of the Federation as such.

  (3)          Subject to the foregoing provision of this section, the references in any written law to any writ of mandamus, prohibition or certiorari shall be construed as references to an order corresponding thereto and the references to the issue or award of any such order shall in like manner be so construed.

19.     (1)         The Court shall have and exercise jurisdiction throughout the Federation, and for that purpose the whole area of tile Federation shall be divided by the Chief Judge into such number of Judicial Divisions (not less than four) as he may, from time to time, specify and he may designate any such Judicial Division or part thereof by such name as he may think fit.

  (2)          For the more convenient despatch of business, the Court may sit in any one or more Judicial Divisions as the Chief Judge may direct, and he may also direct one or more Judges to sit in any one or more of the Judicial Divisions.

  (3)          The Chief Judge shall determine the distribution of the business before the Court amongst the Judges thereof and may assign any judicial function to any Judge or Judges or in respect of a particular cause or matter in a Judicial Division.

  (4)          Subject to the directions of the Chief Judge, every Judge of the Court shall sit for the trial of civil and criminal causes or matters and for the disposal of other legal business pending at such places in the Federation and at such times as the Chief Judge may think fit.

20.    (1)         Subject to Rules of Court and to any provisions pertaining to vacations as may be prescribed the Court shall open throughout the year for the transaction of any pending general legal business.

  (2)         Provisions shall be made for the hearing of all such applications as may be required to be expeditiously or immediately heard.

21.           Where the Judge who shall preside over the sitting of the Court is from any cause unable or fails to attend the same on the day appointed, and no other Judge is able to attend in his stead, the Court shall stand adjourned from day-to-day until a Judge shall attend or until the Court shall be adjourned or closed by order under the hand of a Judge.

22.     (1)         A Judge of the Court may at any time or at any stage of the proceedings in any cause or matter before final judgment, either with or without application from any of the parties thereto, transfer such cause or matter before him to any other Judge of the Court.

  (2)          No cause or matter shall be struck out by the Court merely on the ground that such cause or matter was taken in the Court instead of the High Court of a State or of the Federal Capital Territory, Abuja in which it ought to have been brought, and the Judge of the Court before whom such cause or matter is brought may cause such cause or matter to be transferred to the appropriate High Court of a State or of the Federal Capital Territory, Abuja in accordance with Rules of Court to be made under section 44 of this Act.

  (3)          Notwithstanding anything to the contrary in any law, no cause or matter shall be struck out by the High Court of a State or of the Federal Capital Territory, Abuja on the ground that such cause or matter was taken in the High Court instead of the Court, and the Judge before whom such cause or matter is brought may cause such cause or matter to be transferred to the appropriate Judicial Division of the Court in accordance with such rules of court as may be in force in that High Court or made under any enactment or law empowering the making of rules of court generally which enactment or law shall by virtue of this subsection be deemed also to include power to make rules of court for the purposes of this subsection.

  (4)          Every order of transfer made pursuant to subsection (2) or (3) of this section shall operate as a stay of proceedings before the court before which such proceedings are brought or instituted and shall not be subject to appeal.

  (5)          Where the court to which any cause or matter has been transferred pursuant to subsection (2) or (3) of this section is of opinion that the cause or matter ought in law to be dealt with by the court which transferred the cause or matter, the Judge presiding in the first mentioned court shall after hearing counsel on behalf of the parties state a case on a point oil law for the opinion of the Court of Appeal.

  (6)          Where any case on a point of law is stated for the opinion of the Court of Appeal, the Court of Appeal shall, in accordance with rules applicable in that court, give its decision upon the case and the court which stated the case shall dispose of the cause or matter accordingly.
Proceedings to be disposed of by single Judge.

27.     (1)         Where a magistrate, either of his own motion or on the application of any person concerned, is of opinion that any cause or matter brought before him is one in respect of which jurisdiction is vested in the Court, the magistrate shall report to the Chief Judge of the High Court of the State or of the Federal Capital Territory, Abuja the pendency of the cause or matter.

  (2)          The Chief Judge of the State or of the Federal Capital Territory, Abuja may on receipt of the report made pursuant to subsection (1) of this section exercise in respect of the cause or matter so reported the same power of transfer as is conferred by subsection (3) of section 22 of this Act; and the provisions of subsections (4) to (6) of that section shall apply in respect of such transfer to the same extent as they apply in respect of transfers made under that section.

28.           The Court shall have appellate jurisdiction to hear and determine appeals from -

(a)             the decisions of Appeal Commissioners established under the Companies Income Tax Act and the Personal Income Tax Act in so far as applicable as Federal law;

(b)             the decisions of the Customs, Immigration and Prison Services Board established under the Customs, Immigration and Prison Services Act;

(c)             the decisions of magistrates' courts in respect of civil or criminal causes or matters transferred to such courts pursuant to this Act, and

(d)             the decisions of any other body established by or under any other Federal enactment or law in respect of matters concerning which jurisdiction is conferred by this Act.

(a)            confirm, vary or set aside the judgment or order of the court or body mentioned therein; or

(b)            order a rehearing and determination on such terms as the Court may think just; or

(c)            order judgment to be entered for any party; or

(d)            make a final or other order on such terms as the Court may think proper to ensure the determination on the merits of the real questions in controversy between the parties.

(a)            maintain the conviction and dismiss the appeal; or

(b)            allow the appeal and set the conviction aside if it appears to the Court that the conviction should be set aside on the ground that it was, having regard to the evidence adduced, unreasonable, or that the conviction should be set aside on the ground of a wrong decision on any question of law, or on the ground that there was a substantial miscarriage of justice:

(c)            set aside the conviction and convict the appellant of any offence of which he might lawfully have been convicted by the magistrate upon the evidence and sentence him accordingly; or

(d)             set aside the conviction and order that the appellant be re-tried in a court of competent jurisdiction; or

(e)            substitute for the conviction a special finding that the appellant was insane at the time that he did the act or made the omission constituting the offence with which he was charged before the magistrate.

31.    (1)         Subject to the provisions of this Act, the Court may, on an appeal against an acquittal or dismissal-

(a)             affirm the decision of the trial court and dismiss the appeal; or

(b)             remit the case, together with the judgment of the Court on the case, to the trial court for determination, whether or not by way of rehearing, with such directions as the Court may think necessary.

  (2)          Subject as aforesaid, on an appeal against an acquittal or dismissal, the Court shall make any amendment or any consequential or incidental order that may appear just and proper.

33.    (1)         Subject to the provisions of this section, criminal proceedings before the Court shall be conducted substantially in accordance with the provisions of the Criminal Procedure Act, and the provisions of that Act shall, with such modifications as may be necessary to bring it into conformity with the provisions of this Act, have effect in respect of all matters falling within the jurisdiction of the Court.

  (2)          Notwithstanding the generality of subsection (1) of this section all criminal causes or matters before the Court shall be tried summarily.

   (3)          For the purposes of this section, except the contrary intention appears from the context, any reference in the Criminal Procedure Act to the Attorney-General of a State shall be construed as a reference to the Attorney-General of the Federation.

34.    (1)          As far as practicable all revenue causes or matters shall, notwithstanding anything to the contrary in any enactment or law be tried, determined or disposed of in priority to, any other business of the Court.

   (2)          In this section, "revenue causes or matters" means causes or matters concerned with, involving or pertaining to the revenue of the Government of the Federation in respect of which jurisdiction is conferred upon the Court by or under the provisions of this Act.

35.     (1)         In any civil cause or matter, the Court may, if it thinks it expedient so to do or in a manner prescribed under any enactment or law, call in the aid of one or more assessors specially qualified and try and hear the cause or matter wholly or partially with the assistance of such assessors.

  (2)          The remuneration, if any, to be paid to an assessor shall be as determined by the Court or otherwise as so prescribed.

36.    (1)          Subject to Rules of Court, the Court may refer to an official or special referee for inquiry or report any question arising in any cause or matter other than a criminal proceeding.

  (2)          The report of an official or special referee may be adopted wholly or partially by the Court or a Judge and, if so adopted, may be endorsed as a judgment or order to the same effect.

(a)             if all the parties interested, who are not under disability, consent; or

(b)             if the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the Court conveniently be conducted by the Court through its ordinary officers; or

(c)            if the question in dispute consists wholly or in part of accounts, the Court or a Judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or an official referee or officer of the Court or arbitrator respectively agreed on by the parties.

38.     (1)         In all cases of reference to an official or special referee or arbitrator, the official or special referee or arbitrator shall be deemed to be an officer of the Court, and referees and subject to Rules of Court shall have such authority, conduct the reference in such manner, as the Court or a Judge may direct.

  (2)          The report of an official or special referee on any reference shall, if adopted and not set aside by the Court or a Judge, be equivalent to a finding of the Court or of the judge .

  (3)         An award of an arbitrator on any reference, shall unless remitted pursuant to section 11 or set aside on the ground mentioned in section 12 of the Arbitration and Conciliation Act, be binding on the Court or a Judge and equivalent to its finding.

  (4)          The remuneration to be paid to a special referee or arbitrator to whom any matter is referred under an order of the Court or a Judge shall be determined by the Court or a Judge.

44.     (1)         The Chief Judge may, with the approval of the National Council of Ministers, make Rules of Court for carrying this Act into effect, and in particular and without prejudice to the generality of the foregoing, for all or any of the following purposes and matters-

(a)             regulating the practice and procedure of the Court, including all matters connected with the forms to be used and the fees to be paid;

(b)             prescribing the practice and procedure upon an appeal or an application to the Court where provision is made in any enactment or law for such an appeal or such an application;

(c)             regulating the practice and procedure in cases where an order of mandamus, prohibition or certiorari is sought or proceedings are taken for an injunction;

(d)             regulating, subject to the provisions of this Act, trials by the Court with assessors;

(e)             regulating-

(i)              the fees to be paid, and

(ii)            the taxation and recovery of fees and disbursements;

(f)             defining, so far as may be conveniently defined by general rules, the duties of the several officers of Court;

(g)             regulating, subject to the provisions of this Act, the sittings of the Court and of the Judges thereof whether sitting in Court or chambers, the business and hours of the Court and of the offices connected therewith, and the conduct of the business of the Court during vacation;

(h)             prescribing what part of the business which may be transacted and of the jurisdiction which may be exercised by Judges of the Court in chambers or may be transacted or exercised by registrars or other officers of the Court;

(i)            regulating any matters relating to the costs of proceedings in the Court;

(j)             regulating the means by which any judgment or decree of any court outside Nigeria or of the Supreme Court of Nigeria or the former Supreme Court, Court of Appeal, High Court or any other superior court established or to be established elsewhere in Nigeria which it is necessary to prove or lawful to enforce shall be proved or enforced;

(k)             regulating the arrest of absconding defendants and the giving of security for their release;

(1)            regulating the payment of allowances and travelling expenses of witnesses;

(m)             imposing penalties on any person who fails to take any action required by a Rule of Court or who disobeys any Rule of Court;

(n)             for requiring and regulating the filing of accounts;

(o)             for regulating the procedure in respect of any matter in which the Court has and may exercise original or appellate jurisdiction under this Act and for fixing the fees payable or providing that no fees be paid or that certain fees need not be paid;

(p)             for ascertaining the value of anything that requires to be ascertained;

(q)             for regulating and prescribing the duties and procedure of assessors, referees and arbitrators;

(r)            for regulating the means by which particular facts may, be proved, and the mode in which evidence thereof may be given, in any proceedings or on any application in connection with or at any stage of any proceedings;

(s)            for providing for the service or execution of any writ, warrant, order or other process issuing out of the Court, the payment of mileage allowance before or after service or execution, the conditions precedent before any such process or process of certain classes will be served or executed and the procedure to be followed after the service or execution of such process;

(t)             for providing for the taking of shorthand notes of evidence and proceedings in the Court and for the payment of fees for the taking of notes out of public funds, and for fixing the charges for the making and supply of transcripts of the notes, and for the payment of such charges either by the parties to the proceedings or out of public funds;

(u)             prescribing the procedure for the transfer of proceedings from the Court to the High Court of a State or of the Federal Capital Territory, Abuja and to a Magistrate's court; and

(v)             for prescribing vacations.

  (2)          Rules of Court made under this section shall apply to all proceedings by or against the Government of the Federation.

(a)             an offence shall be tried by a Court exercising jurisdiction in the area or place where the offence was committed; or

(b)             when a person is accused of the commission of any offence by reason of anything which has been omitted to be done, and of any consequence which has ensued, such offence may be tried by a Court exercising jurisdiction in the area or place in which any such thing has been done or omitted to be done, or any such consequence has ensued; or

(c)             when an act is an offence by reason of its relation to any other act which is also an offence, a charge of the first mentioned offence may be tried by a Court exercising jurisdiction in the area or place either in which it happened, or in which the offence with which it was so connected happened; or

(d)             when-

(i)            it is uncertain in which of several areas or places an offence was committed, or

(ii)           an offence is committed partly in one area or place and partly in another, or

(iii)          an offence is a continuing one and continues to be committed in more areas or places than one, or