Courts in Nigeria and their Jurisdiction

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.

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.

The different types of courts in Nigeria have varying jurisdictions and structures. The country’s constitution further classifies these bodies into federal and state courts.

The following are 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. It also has original jurisdiction in cases involving states and other states and states and the federal government.

The Supreme Court of Nigeria is based in the capital, Abuja. It is mainly a court of appellate jurisdiction.

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.

COURT OF APPEAL

It is provided for under Section 237 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The Court of Appeal ranks second among Nigerian courts. 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.

Additionally, it is one of the judicial bodies in which the country’s three legal systems (English, customary, and Sharia) converge. The body should have at least three judges who are well-versed in Islamic personal law and three in customary law

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.

There is only one Court of Appeal. However, it has 72 divisions spread across the 36 states in all six geopolitical zones.

FEDERAL HIGH COURT

It is provided for under Section 249 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

It has original jurisdiction in civil matters and cases related to the revenue of the Federal Government of Nigeria. Such cases include admiralty, copyright, banking, excise duties, customs, and taxation 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

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. The State High Court is more like the Federal High Court but at a state level. 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.

CUSTOMARY COURT OF APPEAL OF A STATE

The Customary Court of Appeal is presided by the president of the body, and is constituted of any number of judges as may be determined by the House of Assembly of the State. It is provided for under Section 280 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

This judicial body exercises appellate and supervisory jurisdiction over civil cases pertaining to customary law. It hears and determines appeals with questions arising from subordinate customary judicial bodies’ interpretation or application of customary laws.

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 among the constituent judicial bodies of the unified justice system of North-East Nigeria. This is the region in which Sharia law is widely practiced.

The Court reviews cases involving Sharia law and Islamic personal law. It interprets Islamic customary laws. It handles Islamic litigation cases, especially those involving the poor. It is headed by a Grand Kadi and contains a number of Kadis.

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 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”.

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.

This is provided for under Section 285 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

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.

These are the courts we have in Nigeria. I hope the article is helpful? For further question or observation.