Section 64: Interpretation.
(1) In this Act, unless the context otherwise requires-
"Action" means civil proceeding commenced by writ or in such other manner as may be prescribed by Rules of Court but does not include criminal proceedings;
"Cause" includes any action, suit or other original proceedings between a plaintiff and a defendant, and any criminal proceeding;
"Chief Judge" means the Chief Judge of Federal High Court appointed under Section 2 of this Act;
"Constitution" means the Constitution of the Federal Republic of Nigeria, 1999;
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"Court" means the Federal High Court and includes the Judges of the Federal High Court sitting together or separately.
"Court of Appeal" means the Court of Appeal as established by section 217 of the Constitution of the Federal Republic of Nigeria, 1999;
"Defendant" includes every person served with any writ of summons or process, or served with notice of; or entitled to attend as a person to be affected by the decision in, any civil proceedings, and also every person charged under any process of the Court with any crime or offence;
"Enactment" means any Act of the National Assembly,(including this act) or law having effect with respect to the federation or applicable or having effect as federal law;
"Federal High Court" means the Federal High Court established by section 1 of this Act,
"Former Supreme Court" means the Supreme Court of Justice established under the Supreme Court Act;
"Judge" except where the reference is to the Judge of a High Court of a state, means the Chief Judge or other Judge of the Federal High Court;
"Judgment" includes a decision, decree or order of a court of record;
"Matter" includes every proceeding in court not in a cause;
"Party" includes every person served with notice of, or attending, any proceeding, who, although not named on the record of the proceeding, has the like interest in the subject-matter of the proceeding as a person named on the record of the proceeding;
"Plaintiff" includes every person asking any relief (otherwise than by way of counter claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summon or otherwise;
"Registrar" includes the Chief Registrar and all other Registrars of the Court;
"Suit" includes actions.
(2) For enabling full effect to be given to the provisions of this act-
(a) any reference (whether express or by necessary implication) in the Constitution of the Federal Republic of Nigeria, 1999 to a "High Court of a "High Court", "court of law" or a "Court of record" -
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(i) in so far as the reference relates to or is connected with jurisdiction, powers, practice and procedure of a High Court; and
(ii) except in so far as it is inconsistent with the provisions of this Act shall include a reference to the Court established by this Act; and
(b) all references (whether express or by necessary implication) in any enactment (other than the Constitution of the Federal Republic of Nigeria, 1999) to the High Court of a state in so far as the enactment-
(i) is of general application throughout the Federation; and
(ii) relates to a matter as respects which jurisdiction is conferred upon the Court by or under this Act, shall be constructed as references to the Court, notwithstanding that in an appropriate case the enactment is, or has become, by operation of law, a law of a state.
(3) The powers conferred upon the Attorney-General of the Federation and exercisable by him or the Attorney-General of a State under section 160 of the Constitution or anything made thereunder shall, to the extent that jurisdiction is conferred upon the Court or the High Court of a state by or pursuant to this Act, be exercisable subject as in this Act otherwise provided, and that section and any other enactment or law pertaining thereto shall be so construed.
(4) For the avoidance of doubt the following enactments-
(a) the Criminal Procedure (Northern States) Act;
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(b) the Penal Code (Northern States) Federal Provision Act;
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(c) Section 31 of the Interpretation Act;
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(d) the Admiralty Jurisdiction Act; and
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(e) such other Federal enactment as the President may be order specify, shall be construed with such modification as may be necessary to bring them into conformity with provisions of this Act.
Cite this section
Section 64, FEDERAL HIGH COURT ACT (1973).
https://repo.podus.ai/laws/federal-high-court-act/section/64/