|
Part 3
Original Jurisdiction
17. With respect to the exercise of the original jurisdiction
conferred upon the Supreme Court by subsection (1) of section 212 of
the Constitution or which may be conferred upon it in pursuance of
section 212(2) of the Constitution, the following provisions shall
apply-
(a) subject to the express provisions of any enactment, law and
equity shall be administered concurrently;
(b) in every cause or matter pending before it the Supreme court
shall grant, either absolutely or on such terms and conditions as
the Court thinks just, all such remedies whatsoever as any of the
parties thereto may appear to be entitled to in respect of any legal
or equitable claim properly brought forward by them in the cause or
matter, so that, as far as possible, all matters in controversy
between the parties may be completely and finally determined, and
all multiplicity of legal proceedings concerning any of those
matters avoided;
(c) subject to the express provisions of any enactment, in all
matters in which there was formerly or is any conflict or variance
between the rules of equity and the rules of the common law with
reference to the same matter, the rules of equity shall prevail;
(d) in addition to any other powers conferred upon the Supreme Court
by any enactment, the Supreme Court shall, have and may exercise all
powers and authorities which are vested in or capable of being
exercised by it under the Constitution of the Republic of
Benin;
(e) the Supreme Court shall observe and enforce the observance of
customary law to the same extent as such law is observed and
enforced in the Benin Courts.
18. (1) For the purpose of any cause before the Supreme Court in its
original jurisdiction the Court may require the attendance of
persons to give evidence or to produce documents or both.
(2) Any person present in court during the hearing of any such cause
may, if the Court thinks fit, be ordered to give evidence or to
produce documents.
(3) A Justice of the Supreme Court, if it appears to him that the
attendance of any person confined in any part of the Federation as a
prisoner under any sentence or order or commitment for trial or
otherwise, or under civil process, is necessary for the purpose of
obtaining evidence in any such cause as aforesaid pending or to be
inquired of in the court, may issue a warrant for bringing up the
said person before the court and the superintendent of the prison or
other officer in whose custody the person is shall forthwith obey
such warrant.
19. (1) This section shall apply to any cause or matter which is in
respect of any of the matters mentioned in section 212(1) of the
Constitution.
(2) The Supreme Court may order any cause or matter which is before
it to be transferred to a High Court or magistrate's court having
ordinary jurisdiction in the place where the cause of action arose
and power to grant the relief sought, for hearing and determining,
or to be otherwise disposed of by such court.
(3) Where an Order of Transfer is made under subsection (2) of this
section the court to which the cause or matter is transferred shall
have jurisdiction to hear and determine it, to the extent set out in
the Order of Transfer, as if it were a cause or matter within the
ordinary jurisdiction of that court.
(4) A transfer under subsection (2) of this section may be ordered
at any time and at any stage of the proceedings in a cause or matter
before final judgment, and either with or without application in
that behalf by any of the parties thereto, and may apply to any
cause or matter in its entirety or in respect of any part thereof or
procedure required to be taken therein.
20. Any proceedings before the Supreme Court arising out of a
dispute referred to in section 212(1) of the Constitution and
brought by or against the Federation or a State shall-
(a) in the case of the Federation be brought in the name of the
Attorney-General of the Federation;
(b) in the case of a State be brought in the name of the
Attorney-General of the State.
page | 1|
2| 3| 4
| 5
|
