hierarchy of courts in nigeria

proceedings in the court are summarily determined. 500 Terry Francois Street. The most important thing is that the decision of the court of appeal binds a  court of appeal in another state. Despite this seeming anomaly, Nigerian courts are creations of the Federal high Court, various states high courts and high Court of the federal capital territory, 6. It is headed by the Chief Judge and contains the number of Judges allowed may be … Kenya Court Hierarchy.. STARE DECISIS IN NIGERIA . The federal high Court is headed by a chief judge of the federal high Court appointed by the president on the recommendation of the NJC subject to ratification by the senate. Despite the jurisdictional identity of a court, a court is also differentiated from another based on its position in the hierarchical pyramid of courts. 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. Whereas they are referred to as District court in the North. 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. ADDRESS:. COURT OF APPEAL Location: Different states. In other words, Nigeria ’s court hierarchy is an integral part of Nigeria ’s legal system, which provides organization and clarity for judicial work. Sharia Court of Appeal is another important court in the hierarchy of courts in Nigeria. 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. A decree of dissolution or nullity of marriage made before the commencement of this Act by a court in Nigeria or made after the .. The judge of the Supreme Court of Nigeria must be retired at the 70 years. 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. It is currently located in Abuja and consists of the Chief Justice of Nigeria and 21 judges at all times. The Federal Court comprises of supreme … There are various locations of court of appeal in Nigeria. 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. Hope this article was helpful? 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. It is headed by the president of the court of appeal who is appointed by the president of the Nigeria on the recommendation of the national judicial council subject to the ratification of the Senate. The main appellate courts in Nigeria are the Supreme Court, the Court of .. Matrimonial Causes Act. Judges of the Supreme Court must be qualified to practice in Nigeria and have at least 15 years of qualifications. The Court of Appeal Justices are the only judges that can sit in this tribunal in accordance with the constitutional provisions. The chairman and other members of the court are appointed by the president on the recommendation of the National Judicial Council. appreciate yоur content. San Francisco, CA 94158 It is currently made up of forty nine (49) judges. 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 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. 2. It is chaired by a judge whose title is: President of the State / FCT Customary Appeal Court and is assisted by other judges. The Supreme Court of Nigeria The first one is the Supreme Court of Nigeria which is the Nigerian highest Court. How to become a successful lawyer in Nigeria: the Ultimate Guide, Characteristics of customary law in Nigeria, Why Indirect Rule Failed in Eastern 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. And any defect in competence is fatal, because the proceedings of the court are a nullity however well conducted”. The Supreme Court is composed of the Chief Justice of Nigeria. I would highlight the courts starting from the lowest. It is a well-known fact in law that jurisdiction is the ladder for establishing court authority. They include: There you have the hierarchy of courts in Nigeria. Next on the hierarchy of Nigerian courts is the Court of Appeal. The lowest tier is the Petty Sessions Court. Therefore, if there is no hierarchy of courts, this cannot be achieved. Thus, a matter that is supposed to be handled by the Supreme Court under Section 231 of the constitution of Nigeria, cannot be brought under the original jurisdiction of the court of appeal. Differences between 1960 constitution and 1963 constitution of Nigeria, Features of the 1979 constitution of Nigeria, Historical constitutional development of Nigeria. Also read: Are lawyers liars? It is headed by a Grand Kadi and contains a number of Kadis. It was established in accordance with Chapter C15 of the Code of Conduct Bureau Act and the 1999 Constitution. Composition: Chief Justice of Nigeria & 21 judges. 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. It’s original jurisdiction is in issues relating to employment, labour, trade, wages, salary, industrial matters etc. . 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 There are various court of law in Nigeria, each court is different from another depending on its jurisdiction. hierarchy of courts in nigeria news . Share on Twitter. The hierarchy of courts is the arrangement of courts in the method through which appeal flows. However, it can be properly constituted if it contains at least one Judge of the court. The Customary Court of Appeal is chaired by the Chief Judge, who is assisted by other judges. The customary appeal court has no original jurisdiction. The federal court is headed by an appointed Judge from the President of Nigeria. The jurisdiction of the various state high courts are very wide and perhaps the widest jurisdiction both in criminal and civil matters. The Courts in Nigeria are creations of the constitution which in turn lays down their jurisdictional limits. Notify me of follow-up comments by email. Can the supreme court overrule itself own decision? The section provides: “236(1). Committing a crime or an offense in Nigeria and other countries in the world is a serious offense in which people make sure the victim is punished. The Nigerian Court of Appeal is the next court in the hierarchy of courts in Nigeria. There, however, exist other courts in Nigeria which include: The election tribunal court is divided into two parts: Presidential Election Tribunal: this tribunal hears and determines petition arising from any presidential election. This means that the decision of one is not binding on the other. It is provided for under Section 280 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). It means that it can overrule their decisions if it was in error. 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. There are various locations of court of appeal in Nigeria. Hierarchy of courts in Nigeria 1. 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. It means that the decisions of the Supreme Court is binding on it. It consists of the President of the Court of Appeal and such number of other justices, not less than forty-nine, of which a minimum of 3 shall be learned in Islamic personal law and also at … Jurisdiction: Highest (i.e. It is the only court not prescribed for under the 1999 Constitution of the Federal Republic of Nigeria (as amended). In Nigeria, we only have one Supreme Court which is located in Abuja, the federal capital... 2. It is a court of coordinate jurisdiction with the Federal High Court and the National Industrial Court. A primary difference between both is that the President appoints justices/judges to federal courts, while State Governors appoint judges to state courts. It is headed by a chief judge of a state high court appointed by the Governor of a state on the recommendation of the state judicial commission subject to ratification of the state house of assembly. Copyright © 2021 Bscholarly LLC | All Rights Reserved, Hierarchy of Courts In Nigeria: The Superiority of Courts in Nigeria Explained, 3. The hierarchy of courts is the arrangement of courts in the method through which appeal flows. 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, there are some crimes committed which the court doesn't … It functions as a court of summary judgement. 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. There is only one Supreme Court in Nigeria which is located in Federal Capital Territory, Abuja, Nigeria. It is the apex court of Nigeria, which implies that the jurisdiction of the court is the highest in Nigeria. 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. In 1976, the Court of Appeal (originally known as the Federal Court of Appeal) was … The supreme court replaces then privy council in 1963 as the highest court of the land following Nigerians attainment of republican … 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. 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. 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. However, Section 275 of the same constitution made it discretionary for any state in Nigeria to establish its own Sharia Court of Appeal. 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. I believe you now understand the structure of courts in Nigeria. Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and … It is provided for under Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Overview. The court of appeal has original jurisdiction to hear matters of elections into the office of the president, vice president, governor, deputy governor and issues from the national industrial court. 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). Skip to content. 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. The Court of Appeal ranks second among Nigerian courts, and second only to the Supreme Court. It should be noted that the national industrial court has both appellate and original jurisdictions. In Jev. 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. While some are courts of co ordinate jurisdictions in a horizontal scale, they can also be ranked on a vertical scale showing courts that are superior to the other in terms of decisions. Unlike the Supreme Court which has a single office in Abuja, the Court of Appeal has several units located in different regions of the country. The Court reviews cases involving Sharia law, especially in the northern regions of the country. Hierarchy Of Courts In Nigeria Pdf 13 > DOWNLOAD. It... 2. The witness box is to the right hand side of the judge while the dock is to the left hand side of the judge. 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. The federal high Court, state high Court and the high Court of the federal capital territory are courts of Co-ordinate jurisdictions. Magistrate or District Courts . In the hierarchy of court in this .. MATRIMONIAL CAUSES ACT . 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. Its appeal jurisdiction does not extend to the appeal of the district court. At present, it is possible to appeal to the Court of Appeal with permission. Your email address will not be published. The Code of Conduct Bureau and Tribunal deal with corruption complaints made against civil public officeholders. (b) such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.”. The Nigerian Court of Appeal is the next court in the hierarchy of courts in Nigeria. 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