THE NIGERIAN JUDICIARY SYSTEM EXPLAINED: STRUCTURE, COURTS, AND JURISDICTION. | Clementina E. Ukiri, Esq.

Nigeria, a nation of diverse cultures and a rapidly evolving legal landscape, operates a sophisticated judicial system designed to uphold justice, interpret laws, and resolve disputes. Understanding its structure, the various courts, and their respective jurisdictions is crucial for anyone interacting with the Nigerian legal framework, be it a citizen, a business, or a legal professional.

A Hybrid System: Common Law and Customary Law

The Nigerian judicial system is largely based on the English common law tradition, a legacy of its colonial past. However, it also incorporates elements of customary law, which governs personal and family matters for indigenous communities, and Islamic law (Sharia), primarily in the northern states, particularly for civil matters concerning Muslims. This hybrid nature adds a unique layer of complexity and adaptability to the system.

Hierarchical Structure: From Apex to Grassroots

The Nigerian judiciary is structured hierarchically, with the Supreme Court at the pinnacle, followed by various levels of courts with progressively wider jurisdiction.

1. The Supreme Court of Nigeria: The Apex Court

As the highest court in the land, the Supreme Court's decisions are final and binding on all other courts in Nigeria. It is primarily an appellate court, hearing appeals from the Court of Appeal. Its jurisdiction includes:

• Appellate Jurisdiction: Final appeals from the Court of Appeal in both civil and criminal matters.
• Original Jurisdiction: Exclusive jurisdiction in disputes between the Federation and a State, or between States. It also has original jurisdiction in any case involving the interpretation or application of the Constitution.

The Supreme Court is presided over by the Chief Justice of Nigeria and a number of other Justices, as prescribed by the Constitution.

2. The Court of Appeal: Intermediate Appellate Court

The Court of Appeal stands between the Supreme Court and the lower courts. It hears appeals from the Federal High Court, State High Courts, National Industrial Court, Sharia Court of Appeal, Customary Court of Appeal, and various tribunals. Its jurisdiction is almost exclusively appellate. There are multiple divisions of the Court of Appeal located across the country.

3. High Courts: General Jurisdiction at State and Federal Levels

Nigeria operates both Federal and State High Courts, each with distinct jurisdictions:

• Federal High Court: Established to hear cases relating to matters on the Exclusive Legislative List as enshrined in the Constitution. This includes admiralty, banking, copyright, customs and excise, taxation, intellectual property, and concurrent jurisdiction with State High Courts in certain fundamental human rights cases. It has both original and appellate jurisdiction over decisions of certain tribunals and bodies.
• State High Courts: These are the principal courts of general jurisdiction in each state of the Federation. They hear a wide range of civil and criminal cases, including contract disputes, land matters, family law, and serious criminal offences. They also exercise appellate jurisdiction over Magistrate Courts and Area/Customary Courts within their respective states.

4. Specialised Courts: Addressing Specific Needs

To address specific areas of law and ensure efficiency, Nigeria has several specialised courts:

• National Industrial Court of Nigeria (NICN): This court has exclusive jurisdiction over all labour, employment, and industrial relations matters. Its establishment streamlines the resolution of industrial disputes and promotes fairness in the workplace.
• Sharia Courts of Appeal: Established in states that have adopted Sharia law, these courts primarily hear appeals from Upper Sharia Courts on matters of Islamic personal law, particularly concerning family law, inheritance, and religious endowments.
• Customary Courts of Appeal: Found in states that recognise customary law, these courts hear appeals from Area/Customary Courts on matters of customary law, primarily relating to land, marriage, and family disputes under indigenous traditions.

5. Lower Courts: Grassroots Justice

At the grassroots level, providing access to justice for ordinary citizens, are the Magistrate Courts and Area/Customary Courts:

• Magistrate Courts: These are found in all states and typically handle less serious criminal offences (misdemeanors) and civil cases involving smaller monetary claims. They are crucial for dispensing summary justice.
• Area Courts/Customary Courts: Predominantly found in the northern and southern parts of Nigeria respectively, these courts apply customary law (and in some northern states, aspects of Islamic law) to resolve disputes within local communities. They handle matters such as land disputes, marriage and divorce, and minor offences based on local customs.

Understanding Jurisdiction: Where to Go?

Jurisdiction refers to the authority of a court to hear and determine a case. It is crucial to file a case in the correct court, as filing in the wrong court can lead to the case being struck out. Jurisdiction can be categorised by:

• Subject Matter: The type of case a court is authorised to hear (e.g., land matters in a State High Court, labour disputes in the NICN).
• Territorial/Geographical: The geographical area over which a court has authority (e.g., a State High Court's jurisdiction is limited to its state).
• Monetary Value: The maximum financial value of a claim a court can hear (primarily relevant for Magistrate Courts).
• Original vs. Appellate: Whether a court hears cases for the first time (original) or reviews decisions of lower courts (appellate).

Key Principles of the Nigerian Judiciary

• Independence: The Nigerian Constitution guarantees the independence of the judiciary, meaning judges are expected to be free from influence from other arms of government or external forces.
• Fair Hearing: Every person is entitled to a fair hearing within a reasonable time by a court or tribunal established by law and constituted in such a manner as to secure its independence and impartiality.
• Rule of Law: The judiciary is a cornerstone of the rule of law, ensuring that everyone, including the government, is subject to and accountable under the law.

Challenges and Reforms

Despite its robust structure, the Nigerian judicial system faces challenges, including case backlogs, allegations of corruption, and the need for continuous capacity building. Efforts are ongoing to address these issues through judicial reforms, automation of court processes, and improved welfare for judicial officers.

Conclusion

The Nigerian judicial system, with its blend of common law, customary law, and Islamic law, provides a comprehensive framework for administering justice. From the Supreme Court's definitive rulings to the grassroots justice dispensed by Magistrate and Customary Courts, each level plays a vital role in upholding the rule of law and ensuring a just society. Understanding this intricate system is the first step towards navigating the complexities of justice in Nigeria.

Clementina E. Ukiri, Esq. 

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