Jurisdiction of courts in nigeria pdf download

Jul 15, 2015 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. Exercise of magistrates jurisdiction in chambers and in camera. Federal courts archives nigerian constitution free download. Jurisdiction admiralty jurisdiction of nigerian courts history of. It is a fundamental principle of law, which is constantly being proclaimed by international courts, that contractual undertakings must be respected. Federal courts archives nigerian constitution free. Download administration of criminal justice law of lagos. The topic for my presentation is jurisdictional issues in the application of customary law in nigeria. The basis of jurisdiction of nigerian courts is the constitution of the federal republic of nigeria. 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. Pdf jurisdiction of supreme court of india anupam verma.

Part 1 federal courts archives nigerian constitution free. The regional courts have jurisdiction over family matters like divorces, maintenance, custody matters and civil matters between r 200 000. 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 coursework on the structure and jurisdiction of the ghanaian courts will help you understand how the courts work.

Jurisdiction may be extended or restricted by statutory enactments. Administrative office of the united states courts thurgood marshall federal judiciary building washington, d. The rule pacta sunt servanda is the basis of every contractual relationship. Immigration bill, 2010, sb 350, 50, nigeria senate website.

Customary courts to hear and determine matters over persons subject to native laws and customs prevailing in the areas of their jurisdiction. In this case, the accused posted a letter in port harcourt which induced the fraud of certain people in ibadan. Jurisdiction of nigerian courts in environmental matters. Its jurisdiction is the highest and most important in the country. Designated special courts are superior courts of record in.

Types and jurisdiction of south african courts legalwise. Nonappealable decisions of the national industrial court of. Appointment of president and judges of court of appeal of the federal appeal of the federal capital territory, abuja. The major aim of this paper is to analyze the jurisdiction of the various strata of courts in criminal proceedings in nigeria, taking into account the existing literature as well as recent developments. Being the head of the youngest customary court of appeal in. The district courts have jurisdiction over minor criminal matters and civil matters up to r 200 000. Nigeria police academy, wudil, kano state, nigeria email.

The aim was to elevate the status of the judgments of the national industrial courts to that of other superior courts of record thereby compelling willing. Hierarchy structure of courts in kenya explains judicial courts at the federal level and the state level has its own set of functions and. These courts being close to the grassroots, citizens, can safely be referred to as grassroots courts. The supreme court was later given jurisdiction on matters relating to state and federal laws. It is the role of these courts in the nigerian legal system that this article sets out to examine. Jurisdiction of high court of former western state section 9i high court law cap. The supreme court of nigeria this paper discusses the nature, types and jurisdiction of customary courts in the nigeria legal system. For example, only the h igh court of a state in nigeria has jurisdiction over the subject matter of. Section 5supervisory jurisdiction of supreme court. The principal act has been amended by the court of appeal amendment act, 1993. Courts developed this publication to provide an introduction to the federal judicial system, its organization and administration, its. Courts jurisdiction area courts stay of proceedings.

Courts of appeal and the sharia courts of appeal in nigeria. By virtue of the 1999 constitution of the federal republic of nigeria, all courts in the nigerian federation derive their jurisdiction or competence. 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. What began as an exercise in defining the jurisdiction of the nigerian federal high court over fundamental human rights has now turned into a well established principle that. Doc the structure and jurisdiction of the courts osei. Customary courts are established by customary court law of the states of southern nigeria as an alternative to the area courts in the north. To the councils of the institute of chartered accountants of nigeria ican, and the institute of chartered. Jan 26, 2020 a exercise appellate and supervisory jurisdiction in proceedings where the subject matter of the claim is on, or relates to customary law. Measured against the commonlaw grounds of jurisdiction this is quite a departure.

Courts specifically described in the constitution 1 as superior courts of record, are both federal and state courts, and below these courts are other courts, which may again be both federal and state courts, exercising jurisdiction under either federal or state law. Jurisdiction without being statutorily empowered to do so. Jurisdiction and the contractual freedom of parties does. Nigeria is a federation of 36 states and a federal capital territory, and its courts operate at both federal and state levels. Table of contents institute of chartered accountants of nigeria. Feb 06, 2016 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. Provisions are also made for bail, pleas, amendment of charges, jointcharges, presence of an accused person at a. From the above, it is apparent that the court system of nigeria is evolving.

Jurisdiction casesjudgments of nigerian courts lawnigeria. The court held that the former western region had the jurisdiction to try the case since an element of the offence occurred in its territory. The court of appeal rules, 2011 in exercise of the powers conferred on me by section 248 of the constitution of the federal republic nigeria, 1999, and by virtue of all powers enabling me in that behalf, i, isa ayo salami ofr president, court of appeal, hereby make the following rules. Under the bendel state customary courts rules, 1978 applicable in edo and delta states and which are in pari materia with the old western nigeria customary court rules, every criminal cause or matter shall be commenced by a summons. Nigerias constitution of 1999 with amendments through 2011. The courts play a pivotal role in the organisation and maintenance of the legal order. Constitution of the federal republic of nigeria 1999. The multiplicity of the laws and rules governing the area and customary courts in. It gives us an insight into the historical background and development of customary courts in nigeria, which started with the native. The supreme court shall have supervisory jurisdiction over all courts and over any adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders and directions including orders in the nature of habeas corpus, certiorari. Accordingly, the court of appeal was created in 1976.

Proceedings for recovery of rent in respect of certificate of occupancy, etc. These courts of first instance are all courts of coordinate jurisdiction with different subject matter jurisdiction. A critical study of the exercise of jurisdiction of. The courts have always refused to define its extent or categorise its limits. Jurisdiction nonservice of a pre action notice whether a matter of fact or law. In examining the jurisdiction of courts in criminal cases in nigeria, it is imperative to first decipher its meaning. 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. For the purposes of this paper, attention will be focussed on the customary courts of appeal. This article examines nigerias legal order especially the hierarchy of courts in nigeria, the jurisdictional limits of the various courts in nigerian as well as the appellate system of nigerian courts. Areashariacustomary courts on the topic an overview of the jurisdiction of. Original jurisdiction of the supreme court law repository. The jurisdiction of state high courts in nigeria journal. This was posited by the courts in the case of sunday okoro vs ag western nigeria 1966 nmlr.

The apex or number one court in nigeria is the supreme court of nigeria. For this reason, courts authority or jurisdiction is a product of constitution or other specific statutes. The need to improve the effectiveness and efficiency of the judicial system in nigeria has necessitated the use of modern information and communication technology ict. Constitution of the federal republic of nigeria 1999 251 notwithstanding anything to the contrary contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an act of the national assembly, the federal high court shall have and excise jurisdiction to the exclusion of any other court in civil causes and. Chapter c37, laws of the federation of nigeria 2004 as amended in 1993, 2005 and 20 editors note. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the award of damages, compensation, declaration of rights or prerogative or equitable remedies. Since the british established the first statutory native courts in nigeria, attempts have been made to reserve for such courts original civil jurisdiction in customary law matters which were considered to be within the peculiar knowledge of traditional authorities, who, consistently with the indirect rule system, normally manned the tribunals. It gives us an insight into the historical background and.

Civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. The jurisdiction of customary court in lagos state for example covers the following. Pdf international treaties in nigerian and canadian courts. Most of the time, the supreme court hears cases that have been decided in a lower court. Procedurally, jurisdiction of court does not exist in vacuum. The nigerian courts in perspective adelowo stephen asonibare 1. 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. Bello, shafii abdul azeez and mohd yasin, norhashimah 2015 jurisdiction of courts over islamic banking in nigeria and malaysia. 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. In nigeria, the jurisdiction of the nic is a product of several enactments. What began as an exercise in defining the jurisdiction of the nigerian federal high court over fundamental human rights has now turned into a well established principle that nigerian courts will. Below are the 8 hierarchy of courts in nigeria explained. It was established to entertain appeals from both federal high and state high courts in nigeria. In the court s view, the nonaddition of the word exclusive in 15 the emphasis in the section is mine.

A london judge on monday refused to postpone an april hearing on whether the english courts have jurisdiction to take up nigeria s corruption suit against oil giant eni spa, rejecting the african. Section 269, download nigerian constitution, federal courts, nigeria constitution, nigerian constitution, practice and procedure, the customary court of appeal of the federal capital territory, the judicature. Jurisdiction and the contractual freedom of parties does expropriatory contracts really expropriate. The nature, types and jurisdiction of customary courts in. The nigeria criminal justice system and its effectiveness in criminal behaviour control. Nigeria cant stall jurisdiction challenge in oil bribery. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the a. Mar 24, 2017 the courts play a pivotal role in the organisation and maintenance of the legal order. Download fulltext pdf international treaties in nigerian and canadian courts article pdf available in african journal of international and comparative law 191. Jurisdiction primacy and fundamental nature of jurisdictional issues whether can be raised first time at the supreme court. Nigerian courts, like other courts in democratic nations. Jurisdiction of courts over islamic banking in nigeria and. This means that no appeal can be heard regarding matters decided by the supreme court before any other nigerian court. June 11, 2018 on may 31, 2018, the seventyfiveyearold nigerian president muhammadu buhari signed into law a bill amending the 1999 constitution, the implementation of which will lower the minimum age requirements for competing for and holding key elected offices both at federal and state levels.

I consider it an honour to be given an opportunity to address this august body of distinguished people. Thus, this paper would discuss the history of the federal high court as well as the limitation of its jurisdiction as dictated by the courts in a plethora of cases, with major emphasis on the conflicting positions of the law on the territorial limitations or lack thereof and an attempt at suggestions that could help to reconcile these positions. A critical study of the exercise of jurisdiction of customary courts in the nigeria legal system chigozie nwagbara, ll. The jurisdiction of state high courts in nigeria is to be found in section 2361 of the 1979 constitution of the federal republic of nigeria. 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. Civil jurisdiction of courts in nigeria the tide news. Constitution of the federal republic of nigeria 1999 251 notwithstanding anything to the contrary contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an act of the national assembly, the federal high court shall have and excise jurisdiction to the exclusion of any other court in civil. Consists out of district courts and regional courts. An introduction for judges and judicial united states courts. The power of amendment or correction of its records inherent in the jurisdiction of the court is manifestly wide and subject to the limitation that it must be exercised when the purposes of justice require it.