The nature, types and jurisdiction of customary courts in. Examples include the rules of the various courts and the administration of criminal justice act 2015, which is the procedural law in relation to the criminal code act and the penal code act. D former chief magistrate, akwa ibom state judiciary, nigeria lecturer, school of continuing education, law diploma programme, university of uyo, nigeria facilitator, school of law, national open university of nigeria, uyo study centre. Over the years, the two systems were merged till finally, in 1875, the judicature act fused the two systems into one court. The nigerian government structure explained oasdom.
The supreme court is the highest court in nigeria and its judgement or decision is final. Dissenting judgment and judicial law making this paper was presented by justice george oguntade, jsc of the supreme court at the. Its coast in the south is located on the gulf of guinea in the atlantic ocean. The nigerian supreme court is the highest court in the country. Cour t users guide cour t users guide basic civil procedure court users guide 5 what are you required to bring to the court on the day of. In the southern part of nigeria, the courts are known as customary or district courts while in the northern part of nigeria, they are called area courts. In nigeria, the presiding judge is both a judge of facts and the law. The nigerian court of appeal is the next court in the hierarchy of courts in nigeria. The principles of judicial precedent and hierarchy of courts are primary and basic parts of our legal system with the supreme court of nigeria at the zenith of the court system. The supreme court is the first type of court in nigeria and the highest nigerian court. The supreme court is mainly a court of appellate jurisdiction and is the final appeal court in the country. Sovereignty is its exclusive and most important element.
The courts are backlogged with dockets resulting in delay of year or more for the parties to have their cases heard and decided. There are different types of lawyers in nigeria, and the practice of law is a very big field in nigeria. The chief justice of nigeria also presides over the national judicial council, an executive body established by the nigerian federal government to protect the judiciary branch from the influence of the executive branch. It began functioning in 1963 after nigeria was declared a federal republic, following the setting of a constitution which became relevant in october 1963.
Please what are the kinds of court found in nigeria. The court of appeal, is the final court of appeal in election petitions. In criminal matters, proceedings before the court are governed by criminal procedure act as applicable to the south while in the northern part of. Learn more about adr programs available in the trial courts. Oct 03, 2017 the provisions of the constitution of the federal republic of nigeria cfrn 1999 as amended are that the national assembly or any house of assembly of a state is empowered to establish courts with subordinate jurisdiction to that of a high court as laid claim to by section 6 4 a cfrn. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. General principles and recent trends congressional research service 2 interpreting statutes, individual supreme court opinions often employ multiple types of statutory analysis to support their conclusions and critique majoritydissenting opinions with which they do. The court of appeal has the original jurisdiction to the exception of all other courts in nigeria to determine and hear any question as to whether any person has been validly voted to the office of the governor or deputy governor, the president or vicepresident in nigeria. The judiciary determines the meaning of the laws of the country. Types of courts in the northern territory, including civil and criminal cases at the local court, supreme court, youth justice court, and coroners court. This paper discusses the nature, types and jurisdiction of customary courts in the nigeria legal system.
Types of courts in nigeria and their functions information. The supreme courts approach to locus standi vanguard news. Attorney general of the federation and 35 ors,18 the supreme court held that section. Adr can also give people more opportunity to determine when and how their dispute will be resolved. Types of marriage in nigeria, their process and implications. Administrative office of the united states courts thurgood marshall federal judiciary building washington, d. It is ordinarily thought, if not taken for granted, that original jurisdiction over trademarks and passingoff vests in the federal high court, to the exclusion of all other courts in nigeria. To implement or not to implement, the constitutionality is the question pdf. Aug 01, 2019 what type of government does nigeria have. Courts developed this publication to provide an introduction to the federal judicial system, its organization and administration, its. The supreme court is headed by a chief justice who is assisted by other justices. Historical development, current issues and future expectations. The 8 hierarchy of courts in nigeria explained nigerian infopedia.
Simply put law is a system of rules that are created and enforced by man through environmental or social governmental institutions to regulate the behavior of individuals in the society. The most common types of adr for civil cases are mediation, settlement conferences, neutral evaluation. Nigeria has its own constitution which was established on 29 may 1999. Nov 22, 2017 this article on types of marriages and wedding ceremonies in nigeria will answer some questions that arise when planning a wedding in nigeria as regard what type of ceremonies to have, their implications and whats necessary and whats optional.
The appellate jurisdiction of privy council was abolished with the cancellation of section 120. The coursework on the structure and jurisdiction of the ghanaian courts will help you understand how the courts work. Within the high court, there are, however, specialized divisions. Nigerias legal system and in particular, its court hierarchy ought to be different from that of britain. Part 1 introduction to law 1 the nature of law 3 2 law making 12. In order to expedite the processing of your case documents please file them at the assigned justice center. Nigeria runs the adversarial system of court proceedings. Customary, statutorycivil and church marriage discussed. You cant appeal a case dealt with at the supreme court at the appeal court.
This was due to the fact that the common law courts could only grant the remedy of damages and thus, anyone seeking a different remedy would first pass through the common law courts before going to equity. The government of the state is basically machinery for making and enforcing laws. Conduct of proceedings by a person other than a party. The constitution guarantees the independence of the judiciary and permits the exercise of sharia law for consenting muslims. The federal government of nigeria is composed of three distinct branches. Unlike the supreme court which is situated only in abuja, the court of appeal is divided into different judicial divisions and sits in certain states in nigeria. Copy of dissenting judgment and judicial law making. Mar 11, 2016 procedural law, on the other hand, is law in that deals with the process which the courts must follow in order to enforce the substantive law.
This article identifies the main problems of access to courts in nigeria on the basis of a survey of 154 nigerian legal practitioners, an analysis of nigerian court cases and two field trips to. Attorney general of the federation and 35 ors,18 the supreme court held that section 2 2 of the 1999 constitution of nigeria reenacts the doctrine of federalism. The supreme court of nigeria this paper discusses the nature, types and jurisdiction of customary courts in the nigeria legal system. Pdf enforcing intellectual property rights in nigerian courts.
Commonest crimes committed in nigeria the term crime denotes an unlawful act punishable by law in a state. There is the federal high court and a high court in each of the 36 states. This notion of enforceability is central to contract law. World factbook of criminal justice systems nigeria. The nature, types and jurisdiction of customary courts in the. Akilu and togun, 1987 4 nwlr, 797, supreme court of nigeria had to resolve questions which would have widespread repercussions on the issue of locus standi in the nigerian legal system. The courts look at the facts of the case, and the law. Edo state high court of justice is situated in sapele road, it is a superior court of record and has 28 judicial divisions and together with the magistrate courts and area courts carry out judicial functions of the judiciary in the state. It appeals from the high court of a state, the federal high court, the customary court of appeal of a state, sharia court of appeal of the federal capital territory, the high court of the federal capital territory, the. It is the supreme power of the state over all its people and territories. Olong adefi is a barrister and solicitor of the supreme court of nigeria.
Nigerias dual court system again has significant variations, which give it some of the characteristics of a shared or integrated court system of the kind discussed. It appeals from the high court of a state, the federal high court, the customary court of appeal of a state, sharia court of appeal of. This trend eventually led to the development of courts to hear cases of a particular kind. Court designation list the presiding judge has designated cases to be heard and tried according to the following matrix below. It gives us an insight into the historical background and development of customary courts in nigeria, which started with the native courts before the arrival of the colonial legal system.
Doc the structure and jurisdiction of the courts osei. Find list of best courts in nigeria with their name, address, contact phone number and other information on vconnect. There are two types of marriages legally recognized in nigeria. Pdf it is elementary law that jurisdiction is the superstructure upon which the. In modern times, new problems can arise all the time. Also, it succeeded the section 120 which was canceled, which back then call off the appellate jurisdiction of the privy council judicial committee, which was the highest court in nigeria. Introduction this paper attempts to adduce some reasons on why the judicial process in nigeria is unhealthily slow. Nigerian courts, like other courts in democratic nations. Different types of case are dealt with in specific courts. In that context, a contract may be described as an agreement that the law the courts will enforce. We have different types of law in nigeria stateenforced laws can be made by a single legislator or by a collective legislature, which results in initiating an act or bill, especially by the executive through decrees and regulations, or the law is established by judges through precedent, normally in common law jurisdictions. For many years this has remained one of my popular taught courses, and has been downloaded by people around the world over 12,000. The supreme court is presided over by the chief justice and has up to 15 justices. Lower courts limited jxn superior courts high court, regional tribunals, ct.
Broadly speaking there are 2 types of marriage in nigeria, there is marriage under the act and traditionalcustomary marriage traditionalcustomary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and grooms families. Ebbe state university of new york at brockport this country report is one of many prepared for the world factbook of criminal justice systems under grant no. Here are few major crimes committed by nigerians 1. Aug 25, 2018 this article is about a system of rules referred to as law and the types of law in nigeria with their purposes. The basis of jurisdiction of nigerian courts is the constitution of the federal republic of nigeria. Nigeria democracy is truncated, thus, the inevitability of military intervention in nigeria politics. The law of nigeria consists of courts, offences, and various types of laws. Constitution of the federal republic of nigeria 1999. The duty to render the different types of judgments stated. Its jurisdiction includes hearing appeals from decisions of the court of appeal, the second highest court, regarding any civil or criminal proceedings on questions as to the interpretation or an application of.
It gives us an insight into the historical background and. In the southern part of nigeria, the courts are known as customary or district courts. Types of injunction legal definition of types of injunction. Constitutional court cases in nigeria law library of congress. In carrying out this quest, the nonparticipation observation technique of data collection was adopted. At independence in 1960, nigeria opted for west minster model of constitution and the court of final appeal was the privy council in england. States are entitled to have a sharia court of appeal and a. Preliminary a preliminary or temporary injunction is a provisional remedy that is invoked to preserve the subject matter in. Actually, courts in nigeria are renowned and recognized as the hallowed chambers of jurisdiction, where candid justice is meted out to all and sundry, without favoritism, sentiment, emotion, or being unnecessarily involved in crass legalism. Designated special courts are superior courts of record in. Appellate jurisdiction in respect of criminal and civil cases decided by subordinate courts. Judiciary, democracy, sustainable democracy, separation of powers, nigeria.
Essentially, three types of judicial jurisdictions have been identified by. Types of court in nigeria and their functions legit. If you could give me their jurisdictions or powers which are conferred on them, ill really appreciate it. Nigeria is home to a substantial network of organized crime such as robbery, highway crime, rape and assault and act of terrorism. An introduction for judges and judicial united states courts. Read through the list below to understand the structure of the nigerian legal system and the types of courts in nigeria. The constitution of nigeria is the supreme law of the country.
Adr is usually less formal, less expensive, and less timeconsuming than a trial. The first point to start with is that when a lawyer gets qualified to practice law in nigeria, there are no restrictions on what area of law heshe can practice in. Definition and forms of contracts the law of contract is concerned about the legal enforceability of promises. The most common types of adr for civil cases are arbitration, conciliation, mediation, judicial settlement and lok. The courts of record in nigeria are those courts that are established by the nigerian constitution for federal capital territory, state and federation. Established in 1963 and became effective on october 1, 1963, prior to the enunciation of the federal republic of nigeria and the 1960 constitution. The state exercises its sovereign power through its laws. Pdf jurisdiction of courts in nigeria researchgate. A comparative analysis of the court structures in nigeria and south. Improve the efficiency of your sales cycle with our crm software register now. The federal court of appeal is headed by a president and has at least 35 justices, with a minimum of three with expertise in sharia law, and three in customary law. The judiciary and the role of customary courts in nigeria udosen jacob idem ph. This chapter contribution discusses jurisdictions of courts in nigeria.
The supreme court of nigeria is the highest court in nigeria. World factbook of criminal justice systems nigeria by obi n. Judicial system of nigeria commonwealth governance online. Pdf land is essential for every human activity on earth as it is the source of all material wealth. The federal judicial power is exercised by the federal courts, which adjudicate in disputes arising between individuals, governments and corporate entities in their interrelationships with one another within or outside the country in accordance with the law. Revisional jurisdiction conferred under the civil procedure code and criminal procedure code. Hierarchy of courts in nigeria adenike adetifa the.
Types of law in nigeria and their purpose information. By virtue of the 1999 constitution of the federal republic of nigeria, all courts in the nigerian federation derive their jurisdiction or competence from the constitution14. The supreme court is the most powerful court among state courts. This means that the courts will carry out the law in a new or different way sometimes, depending on the facts of the case.
The court that issues an injunction may, in exercise of its discretion, modify or dissolve it at a later date if the circumstances so warrant. A case study of brass high court, bayelsa state, nigeria jude cocodia abstract the judiciary plays an indispensable role in preserving of rights of citizens and the stability of society. The court has both criminal and civil jurisdictions. The role of customary courts in nigeria in searchworks catalog. This is because the supreme court is at a high level of ranking. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. Local rule 365 limited civil, unlimited civil cases will heardtried at the center justice center cjc.