It has often been said that the function of the judiciary is to interpret the laws made by the legislature. A working judiciary is necessary in every civilized society. According to Black’s Law dictionary, the judiciary is defined as the branch of government responsible for interpreting laws and administering justice, made up of a system of courts and a body of judges.
Even in pre-colonial Nigeria, each tribe had their methods of settling disputes. In order to carry out their functions, courts are granted judicial power. Judicial power is the power of a sovereign authority to determine actual controversies or disputes arising between its subjects or between itself and its subjects through the use of a tribunal having the power to entertain the suit and to give a binding and authoritative decision thereupon. It is, in essence, the power of the court to entertain, pronounce judgment and carry out such a decision into effect between persons who bring a case before it for determination.
Section 6(1) and (2) of the constitution vests judicial power in the courts listed in subsection (5). A court’s power is subject to the jurisdiction conferred by the constitution or any other enabling statute. The issue of jurisdiction will determine the kinds of matters to be taken to the different kinds of courts. A court which lacks jurisdiction will lack the authority to pronounce over a dispute brought before it.
Hierarchy and Classification of Courts
There exists a hierarchy of courts in the Nigerian legal system, as is necessary in a state which practices the doctrine of judicial precedents. The courts in hierarchy may be grouped into different classifications. The most important of the classifications is the classification of courts into superior courts and inferior courts.
Superior courts are described as courts of unlimited jurisdiction. In the strict sense of the term “unlimited jurisdiction”, no court has that, and every court is limited in some respect. However, superior courts are described as having unlimited jurisdictions because the limitations to their jurisdictions are minimal. While they are limited by the nature of the subject-matter, they are not limited by the value of the subject matter. The High Court of a state is one example of a superior court. Inferior courts, on the other hand, are limited by the type and value of the subject-matter. An example is the Magistrates’ court.
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There is also another classification of courts, which is the classification into courts of record and courts other than courts of records. A court of record used to be a court which kept a record of its acts and judicial proceedings and had the power to punish a person for contempt. In modern practice, the only essential feature of a court of record is its power to punish for contempt of court.
While all superior courts are courts of records, some inferior courts like the Magistrates’ courts are also courts of record. A superior court of record has the power to summarily punish content both in the court and outside the court, while an inferior court of record may only summarily punish contempt in the face of the court. Where the contempt of the inferior court of records is outside the court, the punishment may only be pronounced after formal proceedings against such a person.
The courts which the constitution makes provision for in section 6(5) and chapter 7 of the constitution are the superior courts of records. Our focus here is on the hierarchy of Nigeria Courts with particular reference to their composition and jurisdiction. The 1973 Constitution and chapter vii of the Constitution of the Federal Republic of Nigeria, 1999, respectively, deal with the Nigerian Judicature.
This chapter contains sections 230 to 296 all of which have to do with the explanation and description of the court system in Nigeria in respect of establishment, appointments, Jurisdictions, composition/constitution, powers, practice, procedures, enforcement and interpretation of legal/constitutional provisions. The Constitution goes further to state that any other court may be established by virtue of an Act of National Assembly or the law of a State House of Assembly shall also be recognized by the Constitution.
The general rule of precedent or order of precedence established long ago in England in the 19th century and which is consistently observed in the Nigerian legal system is that decisions of the higher courts bind the lower courts, in Nigeria however, it is not the province of judges to make law, but to interpret and apply the law as it is, whether it be English law, Statute law, Customary law etc. Hence, judicial legislation does not obtained in Nigeria.
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Key Courts in Nigeria
Supreme Court of Nigeria
As the name implies, this is the nation’s highest court. In respect of appeals, the Supreme Court is the final port of call. Ordinarily, there are not less than five (5) numbers who sit during an appeal (i.e a Normal Court). It must however be noted that original jurisdiction of the Supreme Court has been suspended by virtue of Decree No. The appointment of the Chief Justice of Nigeria in a civilian regime is made by the President on the recommendation of the National Judicial Council subject to the confirmation of the Senate, while in Military regime it is done by the Military President at his discretion.
The appointment of other Justices of the Supreme Court is equally made by the President upon the advice of the Advisory Judicial Committee.
Court of Appeal
Court of Appeal is essentially a court which jurisdiction is appellate. It hears appeals from the Federal and State High Courts, Sharia and Customary Courts of Appeals as well as the Code of Conduct Tribunal. The court should consist of such number of Justices not less than 49 at a time not less than 3 according to section 237 of 1999 Constitution, of whom must be learned in Islamic Personal Law and not less than 3 learned in Customary Law.
The court is headed by one of its justices called President of Court of Appeal. It is properly constituted by 3 justices for the purpose of exercising any jurisdiction conferred upon it by the constitution or any other law.
Federal High Court
This court was formally known as the Federal Revenue Court The 1979 Constitution adopted it and changed its name to Federal High Court. The Court consists of a Chief Judge of the Federal High Court and such number of the Federal High Judges as may be prescribed by an Act of the National Assembly. The Court is duly constituted if it comprises at least one judge of that court: (S. 249 (2) (a) (b). and S.
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State High Court
It was established by the 1979 Constitution. State High Court is a Court of unlimited jurisdiction in the sense that it has powers to hear and determine any criminal and civil matter under both the State Law and Federal Laws. The High Court may also exercise supervisory jurisdiction over the other inferior courts like magistrate court, district court etc. high Court also exercises appellate jurisdiction in the sense that it serves as an appeal court for the cases coming from the other lower courts.
The Constitution provides for the existence and composition of each of these courts.
Sharia Court of Appeal
The Sharia Court of Appeal presently exists in the Northern States. It hears and determines appeals from the Sharia Courts in respect of matters arising from operation of Islamic personal law. The Sharia Court of Appeal is properly constituted by 3 Khadis, and is headed by a Grand Khadi A Khadi is a person who is versed in Islamic Personal Law without less than 10 years experience.
Customary Court of Appeal
The Court is to hear and determine appeals from Customary Courts. Generally appeal lies from both the Sharia and Customary Courts of appeal to the Court of Appeal directly.
Magistrate Courts
The Magistrate Courts were established under different Laws applicable in different states of the Federal Republic of Nigeria, including Abuja, which make provisions for the creation and jurisdiction of several grades of Magistrate Courts. The following grading is peculiar to all the Northern States and the FCT.
Tribunals
Tribunals are established on an ad-hoc basis. The law establishing tribunal usually specifies the purpose and jurisdiction of each tribunal. The decision of the tribunal is subject to the ratification of the National Assembly, the House of Assembly of a State or other recognized authority. Also, in each of the Federation, there exit election tribunals known as the Governorship and Legislative Houses Election Tribunals.
A good knowledge of courts system in Nigeria as well as the hierarchy of the Nigerian Courts is therefore, essential in appreciating the composition and jurisdiction of our courts. What is important about our courts system is the degree of the force of law of a decision, case or precedent according to the hierarchy of the court.
Introducing Legal Essentials - Nigerian Legal System
Historical Development of Courts in Nigeria
The historical development of courts in Nigeria began with traditional systems that emphasized mediation and conflict resolution through community councils. The establishment of British colonial rule introduced formal judicial structures, starting with the Supreme Court Ordinance of 1876. Following this, various courts were set up, including the Supreme Court of Southern Nigeria in 1900.
The amalgamation of the Northern and Southern Protectorates in 1914 led to a unified judiciary, with further developments such as the establishment of the High Court in 1933. Today, the Nigerian judiciary operates under the 1999 Constitution, with the Supreme Court at its apex, supported by the Federal High Court, State High Courts, and other lower courts, including Magistrate and Customary Courts.
Initially, Nigeria's traditional legal system focused on resolving conflicts within communities through informal structures, such as councils of elders, rather than through formal court systems. The 1861 cession of Lagos to the British Crown marked the beginning of formal judicial structures, leading to the establishment of the Supreme Court Ordinance in 1876.
In 1900, the Supreme Court of Southern Nigeria and other courts, like the Commissioner’s Court and Native Courts, were established, which further formalized the judicial structure. The evolution of the judicial landscape post-1914, when the Protectorates of Southern and Northern Nigeria were amalgamated, led to a unified judiciary system under a Chief Justice and new structures like the High Court and Magistrate’s Courts established in 1933.
The Nigerian Criminal Code is currently chapter 77 of Laws of the Federation of Nigeria 1990; it applies only to the southern, Christian-dominated states since 1963. The Nigerian Penal Code, also known as the Penal Code of Northern Nigeria, is currently chapter 89 of the Laws of Northern Nigeria 1963; it applies only to the northern, Muslim-dominated states since 1960.
The Influence of English Law
The tremendous influence of English law characterizes the Nigerian legal system. Centuries of English presence left an indelible mark upon the system, but local customs and Moslem rules influenced the development of modern Nigerian law. English law remains the source for much of Nigerian law, except where the Federal Military Government has altered or revoked prior statutes by decree. Nigerian courts may not question the validity of a decree, but are limited to determining whether a decree is consistent with prior decrees or laws.
Nigerian courts may also consider local customary law and Moslem law, upon the proof by the parties that such laws are applicable to the case before the court. Courts may also take judicial notice of well-known customs which are not considered repugnant to natural justice, and which do not violate public policy.
The power to appoint or dismiss the Chief Justice of the Nigerian Supreme Court is held by the head of the Federal Military Government, and the Supreme Military Council is empowered to appoint or dismiss the justices of the court. Nevertheless, the courts have influenced the reform of criminal and constitutional law. Special legal matters are decided by the Military Tribunals, the National Industrial Court, and the Military Courts. Limited jurisdiction is permitted to the Magistrates' Courts and the Juvenile Courts within the states.
Additional discussion concerns the historical development of the court system before and after the civil war, and the structure of the Nigerian courts on federal and state levels. The practice of law in Nigeria is described. Footnotes, diagrams, and case citations are provided.
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