"Section 46 of the Constitution provides:

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 order, 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."

Although, unlike the 1979 Constitution, Section 318(1) of the present Constitution does not define "High Court", there is no doubt that the term carries the same meaning as given by Section 277(1) of the 1979 Constitution to mean Federal High Court or the High Court of a State.

Therefore, it is my understanding that where a person's fundamental right is breached, being breached or about to be breached, that person may apply under section 46(1) to the Judicial division of the Federal High Court in the State or the High Court of the State or that of the Federal Capital Territory in which the breach occurred or is occurring or about to occur. This is irrespective of whether the right involved comes within the legislative competence of the Federation or the State or the Federal Capital Territory, See the case of Minister of Internal Affairs v. Shugaba (1982) 3 NCLR 915.

It has to however be noted that the exercise of this jurisdiction by the Federal High Court is where the fundamental right threatened or breached falls within the enumerated matters on which that court has jurisdiction.

Thus, fundamental rights arising from matters outside its jurisdiction cannot be enforced by the Federal High Court. See: Tukur v. Government of Gongola State (1989) 3 NSCC 225.

Equally, a High Court of a State shall lack jurisdiction to entertain matters of fundamental rights, although brought pursuant to section 46(2) of the Constitution where the alleged breach of such matters arose from a transaction or subject matter which fall within the exclusive jurisdiction of the Federal High Court as provided by Section 251 of the Constitution.

Further, Section 295 of the Constitution provides: 1) "Where any question as to the interpretation or application of this Constitution arises in any proceedings in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or a High Court) and the court is of the opinion that the question involves a Substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal High Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the High Court shall: a) If it is of opinion that the question does involve a substantial question of law, refer the question to the Court of Appeal; or b) If it is of opinion that the question does not involve a substantial question of law, remit the question to the Court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the High Court may think fit to give.

2) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Federal High Court or a High Court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Court of Appeal; and where any question is referred in pursuance of this subsection, the court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision."

This section confers a special jurisdiction on both the Federal and State (including FCT) High Courts in relation to the interpretation or application of the Constitution which involves a substantial point of law." Per MUHAMMAD, J.S.C.