STATUTES – Fatal Accidents Law of Kaduna State – Need to be brought into conformity with the provisions of the Constitution:

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There is no doubt that even if the Fatal Accidents Law of Kaduna State donates exclusive jurisdiction to the State High Court, that law must have effect with such modifications as may be necessary to bring it into conformity with the provisions of the Constitution by virtue of S. 315 (b) thereof. Such modification may be by legislative action or judicial interpretation. In this case the Courts have interpreted such instances to grant jurisdiction to both the State High Courts (where the State Institutions are involved) and the Federal High Courts (where the Federal Institutions are involved) pursuant to S. 251 of the 1999 Constitution. See A. G. Ogun v. A. G. Fed. (1982) 2-2. SC 13, Bronik Motors Ltd. v. Wema Bank (1983) 1 SCNLR 296; Mandara v. A.G. Fed (1.984) 1 SCNLR 332.Per HELEN MORONKEJI CGUNWUMIJU, JSC in NEPA V. MALLAM MUHAMMAD AUWAL (2022-LCER-46637-SC) at P. 38, Paras. C-E.

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STATUTES – Fatal Accidents Law of Kaduna State – Need to be brought into conformity with the provisions of the Constitution

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