hierarchy of courts in nigeria

Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. In 1963, the Federal Republic of Nigeria was proclaimed and Nnamdi Azikiwe became its first President. The Nigerian legal system has what is known as hierarchy of courts. Section 6 of the constitution of the Federation Republic of Nigeria under subsection 5, listed the courts in Nigeria in a hierarchical order. Courts to aid one another. The Supreme Court is the first type of court in Nigeria and the highest Nigerian Court. As a lawyer or law student in Nigeria, this is the most important thing you must understand because it is the foundation of legal practice in Nigeria. According to Section 230, subsection 2 paragraph (a) and (b) of the constitution, it is headed by a chief justice of Nigeria who is appointed by the president on the recommendation of the National judicial council subject to the approval of the senate. However, Section 275 of the same constitution made it discretionary for any state in Nigeria to establish its own Sharia Court of Appeal. The federal court is headed by an appointed Judge from the President of Nigeria. Governor and Legislative Electoral Tribunal: This handle petitions for governor and state legislative elections. Jurisdiction: Highest (i.e. my twitter group? Save my name, email, and website in this browser for the next time I comment. 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 court is duly constituted with at least one judge of the court seated for hearing. The Nigerian Court of Appeal is the next court in the hierarchy of courts in Nigeria. The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. Many thanks, Your email address will not be published. The clerk and the registrar are usually seated in front of the judge. In other words, Nigeria ’s court hierarchy is an integral part of Nigeria ’s legal system, which provides organization and clarity for judicial work. I would highlight the … Share on Twitter. It is provided for under Section 277 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). It... 2. San Francisco, CA 94158 It is a well-known fact in law that jurisdiction is the ladder for establishing court authority. Therefore, attempts by Ihedioha, the former governor elect of Imo state to persuade the Supreme Court to review its own decisions failed on this ground. In Jev. Where there is personal actions that arise from, say contract, and tort, in most cases, this can be a civil wrong, done to someone by another person, and often time, the person, who tried to seek redress in the Magistrate Court can, as well, seek to claim a debt that … 1see section 231 subsection 1 of the constitution jQuery('#footnote_plugin_tooltip_5181_1_1').tooltip({ tip: '#footnote_plugin_tooltip_text_5181_1_1', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); The total number of justices of the Supreme Court is twenty one (21) and such number of justices as prescribed by the national assembly. The Sharia Court of Appeal is a Court of appeal recognized by the Nigerian government. The Code of Conduct Bureau and Tribunal deal with corruption complaints made against civil public officeholders. Find out the truth here. 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. Each of the State High Court is headed by a Chief Judge. It is headed by a Grand Kadi and contains a number of Kadis. But the court of appeal is subordinate to the Supreme Court. The witness box is to the right hand side of the judge while the dock is to the left hand side of the judge. It is currently located in Abuja and consists of the Chief Justice of Nigeria and 21 judges at all times. The lowest tier is the Petty Sessions Court. What do I mean by hierarchy of court? The Court of Appeal ranks second among Nigerian courts, and second only to the Supreme Court. By Omolade Animashaun, Associate at Resolution Law Firm, Nigeria’s Indebtedness To Igala Kingdom By Theophilus Abbah, Nigeria’ll Break If NDDC Releases List Of Looters – IMC – :::…The Tide News Online:::…, Ekweremadu Warns Nigerians Against Buhari’s Executive Orders. 2see Generally section 237 and 238 of the Constitution jQuery('#footnote_plugin_tooltip_5181_1_2').tooltip({ tip: '#footnote_plugin_tooltip_text_5181_1_2', tipClass: 'footnote_tooltip', effect: 'fade', predelay: 0, fadeInSpeed: 200, delay: 400, fadeOutSpeed: 200, position: 'top right', relative: true, offset: [10, 10], }); The court of appeal is superior to the federal high Court, election tribunals, various state high courts and the national industrial court. See answer here, 21 Leading Cases in the law of contract you must know, How Many Admission List Does UNN Releases? The Federal Court comprises of supreme … The following are the hierarchy of courts in Nigeria: It is provided for under Section 230 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The Tribunal is empowered to try public officials.. Please ⅼet me қnow. Hey there! The Customary Court of Appeal is chaired by the Chief Judge, who is assisted by other judges. It has appellate jurisdiction over decisions of Customary Courts, Magistrate courts etc. HIERARCHY OF COURTS IN NIGERIA | TYPES OF COURTS IN NIGERIA This court is presided over by Justices of the Peace. A primary difference between both is that the President appoints justices/judges to federal courts, while State Governors appoint judges to state courts. 011 322 44 56 8500 Beverly Boulevard Los Angeles, CA 90048. … On the issue of application of precedent, Nigeria has a well standard hierarchy of courts ranging from the superior courts of record 18 to the inferior courts of record 19, as stipulated by the grand norm of the country 20. I.e. It is established by Section 237 of the 1999 Constitution (As Amended), headed by the President of the Court of Appeal and … This section of the constitution discusses customary courts in details. This is not entirely correct as Nigeria’s court system retains some essential attributes of a court arrangement suited for unitary systems of government. Find list of best Courts in Nigeria with their name, address, contact phone number and other information on VConnect. At present, it is possible to appeal to the Court of Appeal with permission. SUPREME COURT. Federal high Court, various states high courts and high Court of the federal capital territory, 6. This means that no appeal can be heard regarding matters decided by the supreme court before any other Nigerian court. As we continue, i will comprehensively explain the hierarchy of courts in Nigeria. Logo of the supreme court of Nigeria The Supreme Court is composed of the Chief Justice of Nigeria and such number of justices not more than 21, appointed by the President on the recommendation of the National Judicial Council, (NJC) and subject to confirmation by the … The Court also accept appeals from industrial arbitration panels and all other employment matters in Nigeria. 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. ADDRESS:. Edeh Samuel Chukwuemeka ChMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. It is chaired by a judge whose title is: President of the State / FCT Customary Appeal Court and is assisted by other judges. The constitution provides that the Sharia Court of Appeal is to be headed by the Grandi Kadi, which is to be prescribed by the House of Assembly of that state. Iyortom, the Supreme Court has expressly stated that by Order 8 rule 16 and by virtue of Section 235 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Supreme Court cannot sit on appeal over its own judgment. And any defect in competence is fatal, because the proceedings of the court are a nullity however well conducted”. Hierarchy of the Nigerian Legal System range See also: Supreme Court of Nigeria The Nigerian constitution recognizes courts as either Federal or State courts. (b) such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.”. Hierarchy of courts in Nigerian Superior courts of Nigeria are courts which are listed in the Nigeria constitution of section 6 (5) which are namely: Supreme court Court of appeal The court of co-ordinate Jurisdiction Federal high court State high court Sharia court of appeal Customary court of appeal National industrial court Whereas they are referred to as District court in the North. The provision gives a stamp of nality to any decision of the Supreme Court. 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. After the Federal government, the next level in the political hierarchy of Nigeria is acquired by the state government. The Code of Conduct Tribunal (CCT) consists of a chairman and two other members. There are various court of law in Nigeria, each court is different from another depending on its jurisdiction. It is provided for under Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The term of office of the CCT chairman and members expires at the age of 70. . It is usually headed by the president of the customary Court of appeal and its major function is that of supervisory and to hear appeal in issues that concerns customary law. It is the 3rd in rank of courts in Nigeria. It’s original jurisdiction is in issues relating to employment, labour, trade, wages, salary, industrial matters etc. Since Magistrate Courts and District Courts are established by the House of Assembly of state, the Jurisdiction of the court is usually outlined in the rules of the court. . Most times Magistrate Courts and District Courts function as court of summary judgment. It is ranked fifth in the Nigerian courts. Differences between 1960 constitution and 1963 constitution of Nigeria, Features of the 1979 constitution of Nigeria, Historical constitutional development of Nigeria. Compared to the Supreme... 3. Composition: Chief Justice of Nigeria & 21 judges. COURT OF APPEAL Location: Different states. 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. Also read: Can the supreme court overrule itself own decision? There are various locations of court of appeal in Nigeria. Bscholarly is an education and legal blog that is focused on disseminating Legal tips/news, Court judgments, Case Summaries, Admission News and school tips for scholars all over the world. They include: There you have the hierarchy of courts in Nigeria. Sometimes Magistrates exercise jurisdiction in these courts and the … proceedings in the court are summarily determined. The court is established by the House of Assembly. c– The case before the court initiated by due process of law and upon fulfillment of a condition precedent to exercise of jurisdiction. Composition: President of the Court & other judges as preassigned … Sharia Court of Appeal is another important court in the hierarchy of courts in Nigeria. The Court reviews cases involving Sharia law, especially in the northern regions of the country. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. The customary appeal court has no original jurisdiction. 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. 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. The only thing reasonable for the Supreme Court to do is to overrule itself in another case. Each court is divided into other subordinates. There’s а lot of folks that I think would realⅼу 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”. Take for instance, matters concerning land or women inheritance right cannot be brought under the original jurisdiction of the supreme court because those kinds of matters are under the original jurisdiction of customary courts. THE EVOLUTION OF IDEAL NIGERIAN JUDICIARY IN THE NEW MILLENNIUM by Yusuf Ali, SAN Introduction . However, there are some crimes committed which the court doesn't … Since independence, Nigeriahas come under both military and civil administrations. Its jurisdiction is only an appeal. The section provides: “236(1). These courts are courts of superior records. It is provided for under Section 254A of the 1999 Constitution of the Federal Republic of Nigeria (as amended). This has raised a lot of questions as to the place of the Tribunal in the Judicial Hierarchy. The chairman and other members of the court are appointed by the president on the recommendation of the National Judicial Council. 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. The apex or number one court in Nigeria is the Supreme Court of Nigeria. See answer here. However, it can be properly constituted if it contains at least one Judge of the court. Notify me of follow-up comments by email. The judgment of the Code of Conduct Court can be appealed to the Court of Appeal. it is the apex court - no further appeal). State of the Federation is domiciled in Nigeria for the purposes of this Act and may . 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. It is pertinent to note that Sharia Court of Appeal has supervisory and appellate jurisdiction in civil cases that has to do with Islamic personal law. The Supreme Court is composed of the Chief Justice of Nigeria. See Answer Here, Comprehensive History of Cultism in Nigeria, Types of Constitution: 6 Different Types of Constitution, DELSU Admission Requirements 2020/2021: UTME & Direct Entry Admission, UNICAL School Fees: 2021/2022 UNICAL School Fee for Old & New Students, 13 Major Duties/Functions of the Local Government, How to Overcome Fear When Speaking in Public, Adegbenro v Akintola | Constitutional Law, Features of Democracy: 9 Major Features/Characteristics of a Democratic Government. This hierarchy places the Supreme Court at the top of the ladder, followed by the court of appeal, federal high Court, industrial Court, state high Court, Magistrate Courts, sharia courts, customary courts. Hierarchy of courts in Nigeria 1. Hope this article was helpful? It functions as a court of summary judgement. National Assembly Election Tribunal: This involves petitions for elections in the Senate and House of Representatives. The main appellate courts in Nigeria are the Supreme Court, the Court of .. Matrimonial Causes Act. It is headed by the Chief Judge and comprises any number of judges as allowed by an act of the National Assembly. Copyright © 2021 Bscholarly LLC | All Rights Reserved, Hierarchy of Courts In Nigeria: The Superiority of Courts in Nigeria Explained, 3. The most important thing is that the decision of the court of appeal binds a  court of appeal in another state. The federal high Court enjoys a limited jurisdiction in issues that only concern federal matters set out in the part one of the second schedule to the constitution and section 251 subsection 1 of the 1999 Constitution. Supreme Court of Nigeria:. 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. I would highlight the courts starting from the lowest. It must be noted that the decisions of the Supreme Court are final, it’s decisions stands and cannot be quarried even if it was held in error. Nigeria’s legal system and in particular, its court hierarchy ought to be different from that of Britain. The institution was set up in 1999; … Can the supreme court overrule itself own decision? It is currently made up of forty nine (49) judges. 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. In 1976, the Court of Appeal (originally known as the Federal Court of Appeal) was … It is established by Section 237 of the 1999 Constitution (As Amended), headed by the President of the Court of Appeal and consists of … These Teenage Girls Have Been Sentenced To Death By The Court, Read The Crime They Committed. Your email address will not be published. The hierarchy of courts in Nigeria is very important because it determines the kind of matters that can be brought before any court. The Federal Republic of Nigeria is located in the Westernpart of Africa. last court in Nigeria are binding over all the courts in Nigeria on the principles decided. The Federal High Court has a division in each of the thirty-six states in Nigeria. While the state court is headed by a judge appointed by the state Governor. HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. 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). As we continue, the above listed courts will be discussing in their hierarchical order. The section provides as follows: “There shall be for any State that requires it a Sharia Court of Appeal for that State. The Federal High Court The Federal High Court is the third in rank according to the hierarchy of courts in Nigeria just after the Court of Appeal. In Nigeria, we only have one Supreme Court which is located in Abuja, the federal capital territory. I enjoin you to continue reading because you are not going to regret reading this information. 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 enjoys superiority over magistrate, customary and Area courts. The Nigerian Court of Appeal is the next court in the hierarchy of courts in Nigeria. In short, jurisdiction can be simply defined as the court’s authority to determine the case submitted in a manner prescribed by law. The hierarchy of courts is the arrangement of courts in the method through which appeal flows. 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. appreciate yоur content. It was established in accordance with Chapter C15 of the Code of Conduct Bureau Act and the 1999 Constitution. It became an independent state on October 1, 1960, after about100 years under British colonization, and attained a republican status withinthe British Commonwealth three years after in 1963. 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. It is a court of coordinate jurisdiction with the Federal High Court and the National Industrial Court. The federal high Court, state high Court and the high Court of the federal capital territory are courts of Co-ordinate jurisdictions. SUPREME COURT Location: Abuja. Hierarchy Of Courts In Nigeria Pdf 13 > DOWNLOAD. It means that it can overrule their decisions if it was in error. The state government also functions as the federal government in many respects like it is also subdivided into three branches – Executive branch, Legislative branch and the Judicial branch. These courts is the last in the hierarchy of court in Nigeria and is established by the House of Assembly of State. 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. Overview. On 29 May 1999, after ageneral election which ushered in the present democratic dispensation,popularly referred to as “the Fou… First and foremost, it is apparent that the Judicial powers of the Federal Republic of Nigeria is vested in the Courts and provided for in section 6 subsection 1 and 2 of the 1999 Constitution of Nigeria. Nonetheless, if there is any confusion on the hierarchy of courts above, don’t hesitate to point it out by commenting on the comment box below. This article discusses the various courts of record in Nigeria according to their superiority, with the Supreme Court being the court of last resort and highest court in Nigeria. 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. hierarchy of courts in nigeria news . The supreme court replaces then privy council in 1963 as the highest court of the land following Nigerians attainment of republican … There are various locations of court of appeal in Nigeria. The jurisdiction of the various state high courts are very wide and perhaps the widest jurisdiction both in criminal and civil matters. 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. The most important thing is that the... 3. The Petty Sessions Court requires a minimum of two justices to be properly constituted. Required fields are marked *. It has the largest jurisdiction under the Constitution of Nigeria in civil and criminal cases. In every society, the courts play a pivotal role in the… The Code of Conduct Tribunal is established by the Constitution of the Federal Republic of Nigeria 1999. 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”. Under the third Alteration Act to the 1999 Constitution, the national industrial court is headed by the president of the national industrial court is appointed by the president on the recommendation of the national judicial council subject to confirmation by the senate.

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