Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023
Annotated alteration evidence — page 59
- Jurisdiction
- Nigeria
- Provision
- 59
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(2) An Act of the National Assembly shall not be invalidated by
reason only that it provides for the taking, during periods of
emergency, of measures that derogate from the provisions of
section 33 or 35 of this Constitution; but no such measures shall be
taken in pursuance of any such Act during any period of emergency
save to the extent that those measures are reasonably justifiable
for the purpose of dealing with the situation that exists during that
period of emergency:
Provided that nothing in this section shall authorise any derogation
from the provisions of section 33 of this Constitution, except
in respect of death resulting from acts of war or authorise any
derogation from the provisions of section 36(8) of this Constitution.
(3) In this section, a “period of emergency” means any period
during which there is in force a proclamation of a state of emergency
declared by the President in exercise of the powers conferred on
him under section 305 of this Constitution.
46. Special jurisdiction of High Court and legal aid
(1) Any person who alleges that any of the provisions of this Chapter
has been, is being or likely to be contravened in any State in relation
to him, may apply to a High Court in that State for redress.
(2) Subject to the provisions of this Constitution, a High Court shall
have original jurisdiction to hear and determine any application
made to it in pursuance of the provisions of this section and may
make such orders, issue such writs and give such directions as it
may consider appropriate for the purpose of enforcing or securing
the enforcement within that State of any right to which the person
who makes the application may be entitled under this Chapter.
(3) The Chief Justice of Nigeria may make rules with respect to the
practice and procedure of a High Court for the purposes of this
section.
(4) The National Assembly -
(a) may confer upon a High Court such powers in addition to
those conferred by this section as may appear to the National
The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations 53
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Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023 · placng.org · Retrieved 18 August 2026.
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