COURTS IN NIGERIA
The hierarchical system of courts in Nigeria simply refers to the way in which Nigerian courts are arranged and organized at different levels, jurisdictions and regions.
This also means that the decision of the lower courts can be appealed to higher courts. If the judgment of the lower court does not reflect justice in a case, the aggrieved party can appeal to the higher court to seek redress and justice. In other words, Nigeria ’s court hierarchy is an integral part of Nigeria ’s legal system, which provides organization and clarity for judicial work.
However, the various courts established in Nigeria can only exercise their responsibility to adjudicate in accordance with the jurisdiction granted to it by the 1999 Constitution of the Federal Republic of Nigeria.
JURISDICTION
It is a well-known fact in law that jurisdiction is the ladder for establishing court authority. In short, jurisdiction can be simply defined as the court’s authority to determine the case submitted in a manner prescribed by law.
In the famous case of MADUKOLU V NKEDILIM (1962), 2 SCNLR 341, the locus classicus case for jurisdiction in Nigeria, the Supreme Court held as follows:
“Before any court of law assumes jurisdiction so as to determine or adjudicate on a cause or matter, the court must be competent. A court is competent when:
a– The court is properly constituted as regards members and qualifications of the bench and no members and qualifications of the bench and no member is disqualified for one reason or the other.
b– The subject matter of the case is within the courts jurisdiction and there is no feature in case which prevents the court from exercising its jurisdiction
c– The case before the court initiated by due process of law and upon fulfillment of a condition precedent to exercise of jurisdiction. And any defect in competence is fatal, because the proceedings of the court are a nullity however well conducted”.
HIERARCHY OF COURTS IN NIGERIA
The following are the hierarchy of courts in Nigeria:
- SUPREME COURT
It is provided for under Section 230 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
It is the apex court of Nigeria, which implies that the jurisdiction of the court is the highest in Nigeria. The decision of the court is final and cannot be appealed.
The Supreme Court is composed of the Chief Justice of Nigeria. The number of justices of the supreme court does not exceed 21, and the President appoint them on the recommendation of the National Judicial Council (NJC), subject to confirmation by the Senate.
Judges of the Supreme Court must be qualified to practice in Nigeria and have at least 15 years of qualifications.
The judge of the Supreme Court of Nigeria must be retired at the 70 years.
By the provisions of Section 233(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determines appeals from the Court of Appeal”.
There is only one Supreme Court in Nigeria which is located in Federal Capital Territory, Abuja, Nigeria
- COURT OF APPEAL
It is provided for under Section 230 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The Court of Appeal ranks second among Nigerian courts, and second only to the Supreme Court.
It has the original jurisdiction to determine and hear any matter as to whether anyone has been effectively voted for the positions of President, Vice President, Governor and Deputy Governor.
Appeals can be made from the Federal High Court, the High Court of a state, the Sharia Court of Appeal in a state, and the Customary Appeal court to the Court of Appeal
Similarly, the Court of Appeal has the power to hear and decide appeals made by military courts and other courts in accordance with certain laws of the National Assembly.
The Court of Appeal always consists of the President of the Court of Appeal and 49 judges, appointed by the President on the recommendation of the National Judicial Council (NJC), subject to confirmation by the Senate.
- FEDERAL HIGH COURT
It is provided for under Section 249 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
It is the 3rd in rank of courts in Nigeria
It has original jurisdiction in civil matters and cases as set out under Section 251 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
It is headed by the Chief Judge and comprises any number of judges as allowed by an act of the National Assembly. However, it can be properly constituted if it contains at least one Judge of the court.
The Federal High Court has a division in each of the thirty-six states in Nigeria.
- STATE HIGH COURT
It is provided for under Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for a High Court in each of the states in Nigeria and in the Federal Capital Territory, Abuja.
It has the largest jurisdiction under the Constitution of Nigeria in civil and criminal cases.
It has appellate jurisdiction over decisions of Customary Courts, Magistrate courts etc.
Each of the State High Court is headed by a Chief Judge
In the case of the High Court of the Federal Capital Territory, Abuja, the number of judges is determined by the State House of Assembly and National Assembly.
It is a court of coordinate jurisdiction with the Federal High Court and the National Industrial Court.
- NATIONAL INDUSTRIAL COURT
It is provided for under Section 254A of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
It is ranked fifth in the Nigerian courts.
The Court has exclusive jurisdiction over all trade disputes, labour practices, matters related to the Factory Law, Trade Disputes Law, Trade Union Law, Workers ’Compensation Law.
The Court also accept appeals from industrial arbitration panels and all other employment matters in Nigeria.
As a special labour court, all the matters it decides are exclusive to the court, and its judgment so far is subject to appeals only if certain conditions are met. At present, it is possible to appeal to the Court of Appeal with permission.
It is composed of the President of the National Industrial Court and is divided into multiple judicial departments for administrative convenience.
It is located in some states in Nigeria
- THE SHARIA COURT OF APPEAL
It is provided for under Section 277 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The Sharia Court of Appeal is a Court of appeal recognized by the Nigerian government
The Court reviews cases involving Sharia law, especially in the northern regions of the country.
It is headed by a Grand Kadi and contains a number of Kadis
- THE CUSTOMARY COURT OF APPEAL
It is provided for under Section 280 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The customary appeal court has no original jurisdiction. Its jurisdiction is only an appeal. Its appeal jurisdiction does not extend to the appeal of the district court. Appeals cannot come from a court other than a customary court or a local court.
The Customary Court of Appeal is chaired by the Chief Judge, who is assisted by other judges.
It is chaired by a judge whose title is: President of the State / FCT Customary Appeal Court and is assisted by other judges.
- THE MAGISTRATE COURT & DISTRICT COURT
It is the only court not prescribed for under the 1999 Constitution of the Federal Republic of Nigeria (as amended). The court is established by the House of Assembly.
It functions as a court of summary judgement. I.e. proceedings in the court are summarily determined.
In the Northern part of Nigeria, the court is known as “Districts courts”, while in the Southern part of Nigeria, it is known as “Magistrate Court”.
There, however, exist other courts in Nigeria which include:
- ELECTION TRIBUNALS
The election tribunal court is divided into two parts:
Presidential Election Tribunal: this tribunal hears and determines petition arising from any presidential election. The Court of Appeal Justices are the only judges that can sit in this tribunal in accordance with the constitutional provisions.
National Assembly Election Tribunal: This involves petitions for elections in the Senate and House of Representatives.
Governor and Legislative Electoral Tribunal: This handle petitions for governor and state legislative elections.
The election tribunals are national electoral courts, which usually jointly constituted by the Judges of the superior courts of records and Court of Appeal Justices, in the case of the presidential election.
- CODE OF CONDUCT TRIBUNAL
It was established in accordance with Chapter C15 of the Code of Conduct Bureau Act and the 1999 Constitution.
The Code of Conduct Bureau and Tribunal deal with corruption complaints made against civil public officeholders.
The Code of Conduct Tribunal (CCT) consists of a chairman and two other members.
The chairman and other members of the court are appointed by the president on the recommendation of the National Judicial Council.
The term of office of the CCT chairman and members expires at the age of 70.
The judgment of the Code of Conduct Court can be appealed to the Court of Appeal
CONCLUSION
In short, the advantages of the Nigerian court hierarchy include the doctrine of case law, which stipulates the judgment of the Higher Court is binding on the lower court. Therefore, if there is no hierarchy of courts, this cannot be achieved.
Furthermore, considering the number of courts in Nigeria, it is worthy of note to state that there are competent judicial officers that are strategically positioned to handle and resolve disputes seamlessly in Nigeria.
The major disadvantage of the Nigerian court system is that there are inadequate judges in each court system, and the judges are thereby overwhelmed with a plethora of cases which causes protracted delays in resolving simple disputes through a court process by the litigants.
By Omolade Animashaun, Associate at Resolution Law Firm
Email: info@resolutionlawng.com
