OBASEKI, JSC (Delivering The Leading Judgment): This appeal raises the question of the extent of the jurisdiction of the Federal High Court in matters dealing with breaches and enforcement of the Fundamental Rights provisions in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1979. Access to a High Court in any State in the Federation is guaranteed by section 42(1). This sub-section (1) of section 42 expressly provides that
"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."
High Court is defined in section 277 of the 1979 Constitution as the Federal High Court or the High Court of a State. As sub-section (1) of section 42 of the 1979 Constitution only gives access to a High Court for relief, it is necessary to ascertain whether the Federal High Court has jurisdiction to entertain the matter which warrants the enforcement of the fu…