The jurisdiction of state high courts in nigeria journal. The hierarchy of courts is the arrangement of courts in the method through which appeal flows. The supreme court of nigeria scn, is the highest court in nigeria, and is located in the central district, abuja, in what is known as the three arms zone, so called due to the proximity of the offices of the presidential complex, the national assembly, and the supreme court. The structure of the courts uk supreme court appeal only, on points of law justices of the supreme court court of appeal appeal only, on points of law to either the criminal or civil divisions.
The court of appeal is the court to which all appeals are first referred. Yadudu, colonialism and the transformation of islamic law in the northern states, 32 j. Its jurisdiction is the highest and most important in the country. Pdf jurisdiction of courts in nigeria researchgate. The jurisdiction of state high courts in nigeria volume 44 issue 2 enefiok essien skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites.
A comparative analysis of the court structures in nigeria and south. Hierarchy of court in nigeria law repository nigeria. This court is presided over by justices of the peace. South african courts hierarchy hierarchy structure. The petty sessions court requires a minimum of two justices to be properly constituted. Hence, ict should be employed in conducting most of the activities in nigerian courts, considering its successful adoption and use in some other jurisdictions. Sometimes magistrates exercise jurisdiction in these courts and the presiding. The 8 hierarchy of courts in nigeria explained nigerian. This article iden tifies the main problems of access to courts in nigeria on the basis of a survey of 154 nigerian legal pra ctitione r s, an analysis of nigerian court cases and two field trips.
Find list of best courts in nigeria with their name, address, contact phone number and other information on vconnect. Courts and justice system in india the courts are divided into three categories with top court, middle court and lower court. Each court has its own special provisions for competence, how to file a. Lord chief justice, heads of division and court of appeal judges high court chancery, queens bench and family divisions.
One of such courts in the hierarchy of courts in nigeria where such dispute could be heard and determined is the magistrate court. Sharia law reports of nigeria download ebook pdf, epub. The english legal system is often referred to as a common law legal system. But judicial institutions are themselves corruptible.
Courts of appeal and the sharia courts of appeal in nigeria. The supreme court is presided over by the chief justice and has up to 15 justices. Judicial system in nigeria commonwealth governance. In nigeria, the presiding judge is both a judge of facts and the law. The constitution guarantees the independence of the judiciary and permits the exercise of sharia law for consenting muslims.
Olong adefi is a barrister and solicitor of the supreme court of nigeria. Nigeria runs the adversarial system of court proceedings. Appeals from the supreme court are also made to the court of appeal. If the judgement at the lower court is not satisfying, an appeal can be made to the higher court in order to get redress and justice. It will serve well as a reference material for law students, law officers. The federal high court is the third court in the hierarchy of courts in nigeria. Before medieval times the law in what we now call great britain was largely regional. Morocco, nigeria, papua new guinea, romania, saudi arabia, serbia, syria, the.
The structure of the jamaican judicial system is based on five basic tiers. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. To implement or not to implement, the constitutionality is the question pdf. This course will explore the role of the courts and the judiciary in england and wales. Every court in nigeria has its functions, and for the most part, some of the courts do not have exclusive jurisdiction, in some cases, some cases brought before one court, can as well, be taken to the other. This court is also referred to as district court in the northern nigeria while sitting on civil causes.
The court of appeal of tonga is the supreme court in tonga for all criminal and most civil matters. 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. The courts to which this segment relates, set up by using this constitution laid out in subsection 5 a to i of this phase shall be the most effective advanced courts of record in nigeria. This article therefore, aims at examining in extensio a way out from the. 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. A valuable explanation is given of words and maxims used in the nigerian legal system, and an index. Courts in nigeria and the decisions of t he high courts on. The top court is named as the supreme court, while the.
This means that no appeal can be heard regarding matters decided by the supreme court before any other nigerian court. The court of appeal is the fourth tier of the court structure. For the purposes of this paper, attention will be focussed on the customary courts of appeal. The law of nigeria consists of courts, offences, and various types of laws. This screen presents a judgment downloaded in a pdf file form at. The doctrine of precedent, or stare decisis, lies at the heart of the english legal system. With the supreme court of nigeria being the final court of. 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. Analyzing its area within the nigerian judicial hierarchy. Pdf it is elementary law that jurisdiction is the superstructure upon which the. The doctrine refers to the fact that within the hierarchical structure of the english courts, a decision of a higher court will be binding on a court lower that it in that hierarchy.
Islamic law practice and procedure in nigerian courts is about the rules of practice, procedure and evidence in trials of civil and criminal cases before area courts, sharia courts, upper area courts, upper sharia. The author is both a practitioner within the nigerian legal system and is a lecturer in law. Appeals introduction prestigious law firm in nigeria. The 1973 constitution and chapter vii of the constitution of the federal republic of nigeria, 1999, respectively, deal with the nigerian judicature. In its operation in nigeria, the decision of the supreme court being the apex court in the country binds all the lower courts even when reached per incuriam.
Court hierarchy article about court hierarchy by the free. Hierarchy of courts in nigeria adenike adetifa the. Surveys show that experiences with and perceptions of corruption in the courts are widespread afrobarometer. At this stage, if the plaintiff has a reply to file in response. Richardson, the native and customary courts of nigeria 4 1966 and martin c. South african courts hierarchy the courts that hold the responsibility of serving and administering justice are known as the civil and the criminal courts.
Hierarchy of courts in nigeria the author is both a practitioner within the nigerian legal system and is a. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. The supreme court exercised appellate jurisdiction. What links here related changes upload file special pages permanent link page information. This compendium cases and materials on extradition in nigeria comes at an opportune time. Judicial precedent in the nigerian legal system and a case for its application under international law abstract judicial precedent is an agelong feature of municipal judicial systems of the common law including nigeria. Having said that, my focus on this article is on the functions of the magistrate courts in nigeria, and i am going to do just that. Nigeria courts opening the debate on the conflict of supremacy between international law and municipal law.
The defendant is also expected to file hisher statement of defence together with. It consists of the judgments of courts, to interpret the wording of statute law, to protect the. In this blog post, ranjit krishnan ramanath, pursuing m. It is the first text dedicated solely to extradition law and practice in nigeria and indeed is a sourcebook. The apex or number one court in nigeria is the supreme court of nigeria. Cases and materials on extradition in nigeria was compiled.
Pdf a model of a legal proceedings portal for nigerian high. Apparendy one division of the court did not know about the decision of the other. The courts play a pivotal role in the organisation and maintenance of the legal order. The rationality of judicial precedent in nigerias jurisprudence.
The jurisdiction of state high courts in nigeria cambridge core. A hierarchy is an organizational structure in which items are ranked according to levels of importance. The claimant will file the claim with the particulars of claim. Pdf a model of a legal proceedings portal for nigerian. Native courts will remain at the bottom of the judicial hierarchy. Nigeria has its own constitution which was established on 29 may 1999. Welcome to the official website of federal high court nigeria. The same obtain in an appeal from a sharia court of appeal or a customary court of appeal. Eze melami 1999 outline of nigerian legal system lagos. One of the courts in the hierarchy of courts in nigeria is the magistrate court. Nigeria can only be solved by embracing the electronic justice system.
The establishment of these courts in south africa takes place under the acts by parliament and are listed in the south africa constitution. It hears criminal and civil appeals from the supreme court and also hears appeals from the land court. Most governments, corporations and organized religions are hierarchical. These are also the only superior courts mentioned in s. These disagreements sometimes go unresolved and may need the intervention of the judicial system to iron them out. In each society, the courts play a pivotal position inside the organisation and protection of regulation and order. Abstract the doctrine of judicial precedent or stare decisis is hinged on the fact that the principle of law on which a court bases its facts, or issues before it must be followed by courts lower in hierarchy and may be followed by a court of coordinate jurisdiction or a court which is higher in hierarchy in future similar cases.
Courts, corruption and judicial independence siri gloppen a wellfunctioning justice system is crucial to address corruption effectively, which in turn is important for development. The mode of commencing an action in a magistrate court depends on where the court is located. The nigerian court of appeal is the next court in the hierarchy of courts in nigeria. Orders made by consent, orders regarding costs, and interlocutory decisions also cannot be heard by the court of appeal without leave of the court an appeal from the land court to the court of appeal can. Amongst topics covered are branches and institutes of the system, functions, classifications, sources, english law, doctrines of equity, statutes in england and those extended to nigeria, nigerian. The main appellate courts in nigeria are the supreme court, the court of appeal, the sharia courts of appeal, the customary courts of appeal and the high courts state and federal. Nigeria has a wellstructured hierarchy of courts as earlier adumbrated. It was established by section 249 of the 1999 constitution and it is headed by the chief judge and a number of judges allowed may be preassigned by an act of the national assembly. Nigeria were amalgamated, provincial courts were abolished and in its place were established high courts which consisted of chief judges, judges and assistant judges. The judiciary does not operate in vacuum, but within the framework of a. The hierarchy of laws understanding and implementing the legal frameworks that govern. Courts, area courts and customary courts in the various states where applicable.
From these two perspectives, he provides a full introduction to the nigerian legal system. The supreme court of nigeria which is the apex court in nigeria was established in 1963 following the proclamation of the federal republic of nigeria and the then 1960 constitution which came into operation on october 1, 1963, following the abolition of section 120 which abrogated the appellate jurisdiction of the judicial committee of the privy council which was nigeria s apex court. Welcome to the official website of federal high court. An appeal from the magistrate court goes to the high court. This court has a president who is the head of the court of appeal the court is duly constituted when at least three justices of that court are seated on the bench for proceedings. The federal revenue court as federal high court was then called was established by the federal revenue act 1973 1973 no. The constitution of nigeria is the supreme law of the country. In nigeria, section 172 e of the constitution of the federal republic of nigeria, 1999 as amended provides for the independence, impartiality and integrity of the courts of law and easy accessibility thereto, while section 6 of the same constitution provides for the. Click download or read online button to get sharia law reports of nigeria book now. These are the high and circuit court divisions of the gun court and the revenue court. The hierarchy of courts in nigeria explained thenigerianinfo.
Different types of case are dealt with in specific courts. In goloks case supra, the supreme court decided, among others, that the omnibus ground of appeal deals purely with facts and has no connection with. This chapter contains sections 230 to 296 all of which have to do with the explanation and description of. Court hierarchy article about court hierarchy by the. Below are the 8 hierarchy of courts in nigeria explained. The court was renamed the federal high court by section 228 1 and 230 2 of the constitution of the federal republic of nigeria, 1979.
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