Overview of Court with Civil Jurisdiction in Nigeria

I. Introduction

When it comes to legal disputes in Nigeria, it’s essential to understand the court system and the different types of courts that have jurisdiction over civil cases. The court system in Nigeria is made up of several layers, each with its own scope of authority and responsibilities. This article aims to provide an overview of the courts with civil jurisdiction in Nigeria, including the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court, State High Courts, and Magistrate Courts.

Understanding the court system in Nigeria is important because it helps individuals and businesses to navigate the legal system effectively. Whether you’re dealing with a civil dispute related to contracts, property, or employment, knowing which court has the authority to hear your case is crucial. Additionally, being familiar with the court system can help individuals make informed decisions when seeking legal advice or representation.

In the following sections, we’ll provide an overview of each court with civil jurisdiction in Nigeria, including their scope of authority, relevant sections of the law, and notable civil cases that have been heard by these courts.

See Also: An Overview of the Nigerian Legal System: Structure, Laws, and Practices

II. The Supreme Court of Nigeria

The Supreme Court is the highest court of appeal in Nigeria, and it has civil jurisdiction over cases that are of national importance, involving questions of law and interpretation of the Constitution.

Jurisdiction of the Supreme Court in Civil Matters

According to Section 232 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Supreme Court has jurisdiction to hear and determine civil cases from the Court of Appeal, including cases of interpretation of the Constitution, questions of law, and any other civil matter that is of public importance. The Supreme Court’s decision on such matters is final and binding on all lower courts in Nigeria.

Relevant Sections of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

Aside from Section 232, there are other sections of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) that are relevant to the jurisdiction of the Supreme Court in civil matters. These include Section 233, which gives the Supreme Court power to hear appeals from the decisions of the Federal High Court, and Section 234, which empowers the Supreme Court to hear appeals from State High Courts on matters that involve the interpretation or application of the Constitution.

Notable Civil Cases Heard by the Supreme Court

Over the years, the Supreme Court of Nigeria has heard and determined many civil cases that have had significant impacts on Nigerian society. Some notable examples include:

1. A.G Abia v. A.G Federation (2005) 1 NWLR Pt. 906, where the Supreme Court interpreted the Constitution on the issue of revenue allocation between the Federal Government and the States.
2. NEPA v. Ojukwu (2005) 4 NWLR Pt. 864, where the Supreme Court determined the scope of the fundamental right to privacy in relation to compulsory acquisition of land by the government.
3. Shell Petroleum Development Company v. Chief E.A. Ogboru (2011) 6 NWLR Pt. 1248, where the Supreme Court interpreted the law on election petitions and the powers of electoral tribunals.

These cases demonstrate the importance of the Supreme Court in interpreting the law and ensuring justice in civil matters of national importance.

III. The Court of Appeal

The Court of Appeal is the second highest court in Nigeria, sitting above the High Courts and below the Supreme Court. It was established in 1976 under the Court of Appeal Act and has appellate jurisdiction over civil and criminal matters from the High Courts in Nigeria.

Jurisdiction of the Court of Appeal in civil matters

The Court of Appeal has jurisdiction over appeals from decisions of the High Courts in civil matters, including commercial and corporate disputes, land and property disputes, and family law matters. The Court of Appeal has the power to hear appeals from judgments, orders or decisions of the High Courts in any civil matter that involves a question of law or fact.

Relevant sections of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

The jurisdiction of the Court of Appeal in civil matters is enshrined in Section 241(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which provides that the Court of Appeal shall have jurisdiction to the exclusion of any other court of appeal in Nigeria, to hear and determine appeals from the decisions of the High Courts of a State, the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and the Customary Court of Appeal of a State or the Federal Capital Territory, Abuja, in civil proceedings.

Notable civil cases heard by the Court of Appeal

The Court of Appeal has heard many notable civil cases over the years, including the case of Access Bank Plc v. Akingbola, where the Court of Appeal upheld the decision of the Federal High Court that Dr. Erastus Akingbola, former Managing Director of Intercontinental Bank Plc, should be tried for alleged banking fraud. In another case, the Court of Appeal affirmed the judgment of the Lagos High Court that awarded damages to a victim of police brutality in the case of Mrs. Ebere Okereke v. Commissioner of Police, Lagos State. The Court of Appeal has also delivered landmark judgments in cases involving disputes over land ownership, employment, and human rights.

In conclusion, the Court of Appeal plays a crucial role in the administration of justice in Nigeria’s legal system, particularly in the resolution of civil disputes. Its jurisdiction over civil matters is defined by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and it has heard many notable civil cases over the years, setting legal precedents and shaping the course of justice in Nigeria.

IV. The Federal High Court

The Federal High Court is a superior court of record established by the Constitution of the Federal Republic of Nigeria, 1999 (as amended). It has exclusive jurisdiction to hear and determine civil cases arising from federal laws, regulations, and policies. Here are some important subheadings to consider:

Jurisdiction of the Federal High Court in Civil Matters

The Federal High Court has exclusive jurisdiction in civil matters arising from federal laws, regulations, and policies. This includes cases involving disputes over revenue allocation, taxation, immigration, intellectual property, telecommunications, and more. The court also has jurisdiction over cases that involve international treaties and agreements, as well as cases that arise from admiralty law.

Relevant Sections of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

The jurisdiction of the Federal High Court is outlined in Section 251 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This section provides for the exclusive jurisdiction of the Federal High Court in civil matters arising from federal laws, regulations, and policies. Additionally, the Federal High Court is empowered to enforce fundamental human rights guaranteed by the Constitution.

Notable Civil Cases Heard by the Federal High Court

Over the years, the Federal High Court has heard and determined many notable civil cases. One such case is the suit filed by the Registered Trustees of the Synagogue Church of All Nations against the Lagos State Government over the collapse of a guest house belonging to the church. The court ruled that the Lagos State Government did not follow due process in the investigation of the collapse and awarded damages to the church.

Another notable case is the suit filed by the Attorney General of the Federation against the Nigerian National Petroleum Corporation (NNPC) and other oil companies over alleged unpaid oil revenue. The Federal High Court ruled that the NNPC and the oil companies had to pay the federal government over $20 billion in unpaid revenue.

In conclusion, the Federal High Court plays a crucial role in the administration of justice in Nigeria. Its exclusive jurisdiction in civil matters arising from federal laws, regulations, and policies makes it an important court for resolving disputes in various sectors of the Nigerian economy.

V. The National Industrial Court

The National Industrial Court of Nigeria is a specialized court with jurisdiction over labor and industrial relations matters in Nigeria. Here are some subheadings to help you discuss the National Industrial Court in more detail:

Jurisdiction of the National Industrial Court

The National Industrial Court was established by the National Industrial Court Act, 2006 (as amended). The court has exclusive jurisdiction over labor and employment matters, including:

• Trade disputes between employers and employees
• Trade disputes between employers and trade unions or associations of trade unions
• Trade disputes between trade unions or associations of trade unions
• Matters related to the application or interpretation of international labor conventions, charters, or protocols ratified by Nigeria
• Any other industrial relations or workplace-related matter as prescribed by any other law or enactment

Relevant sections of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

Section 254C of the Nigerian Constitution empowers the National Assembly to create courts to adjudicate on civil matters. It specifically mentions the National Industrial Court as one of the courts that can be established by the National Assembly.

Notable civil cases heard by the National Industrial Court

1. Babatunde Ogun v. Zenith Bank Plc (2013) This case involved the wrongful termination of employment of an ex-banker. The court ordered Zenith Bank Plc to pay the ex-banker N10 million as compensation for wrongful dismissal.
2. Nigerian Maritime Administration and Safety Agency (NIMASA) v. Maritime Workers Union of Nigeria (MWUN) (2014) This case was a trade dispute between the Nigerian Maritime Administration and Safety Agency and the Maritime Workers Union of Nigeria. The dispute centered on the promotion and transfer of some workers. The court ruled in favor of the Maritime Workers Union of Nigeria and ordered NIMASA to pay damages to the workers.
3. Comrade Oshiomhole v. Inspector General of Police (2014) This case was brought by the then-governor of Edo State, Comrade Adams Oshiomhole, against the Inspector General of Police. It involved the arrest and detention of some teachers who were protesting against the non-payment of their salaries. The court ordered the Inspector General of Police to release the teachers and pay them compensation.

In conclusion, the National Industrial Court is a specialized court in Nigeria with jurisdiction over labor and industrial relations matters. Its jurisdiction is provided for by the National Industrial Court Act, 2006 (as amended) and Section 254C of the Nigerian Constitution. The court has heard several notable cases involving wrongful termination of employment, trade disputes, and labor-related protests, among others.

VI. State High Courts

State High Courts are the highest courts of record in the individual states of Nigeria. They have jurisdiction over civil matters within their respective states. The jurisdiction of the State High Courts is derived from the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

Jurisdiction of State High Courts

The jurisdiction of State High Courts is extensive and covers a wide range of civil matters, including contract disputes, land disputes, and tort claims. They also have jurisdiction over probate matters, such as the administration of wills and the distribution of property.

According to Section 272 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the State High Courts have unlimited jurisdiction in civil matters. This means that they can hear and determine any civil matter, regardless of the amount in dispute.

Notable Civil Cases Heard by State High Courts

Over the years, State High Courts in Nigeria have heard and determined several notable civil cases. One such case is the case of Ajayi v Briscoe (Nig) Ltd (1982) 5 SC 17, which was heard by the Ondo State High Court. The case involved a contract dispute between a car dealer and a company that had agreed to buy the dealer’s cars.

Another notable civil case heard by a State High Court is the case of Okoya v Santilli (1991) 1 NWLR (Pt. 169) 126. This case was heard by the Lagos State High Court and involved a land dispute between two parties.

In addition to these cases, State High Courts have also heard and determined several other civil cases that have had significant legal implications in Nigeria.

In conclusion, State High Courts play an important role in the administration of justice in Nigeria. They have jurisdiction over a wide range of civil matters within their respective states and have heard and determined several notable civil cases over the years. Understanding the jurisdiction of State High Courts is important for anyone seeking legal redress for civil disputes in Nigeria.

VII. Magistrate Courts: Jurisdiction in Civil Matters

Magistrate Courts are the lowest courts in Nigeria’s judicial system, with jurisdiction in civil matters limited to claims not exceeding five million naira. They are established by state laws and operate at the local government level. Magistrate Courts are presided over by a magistrate who is appointed by the state’s Judicial Service Commission.

Magistrates’ Courts Law of Lagos State, 2009 (as amended)

The Magistrates’ Courts Law of Lagos State, 2009 (as amended) regulates the jurisdiction and proceedings of magistrate courts in Lagos State. Specifically, Section 36 of the law defines the civil jurisdiction of Magistrate Courts to include “claims, causes, and matters whose subject matter does not exceed five million naira.”

Notable Civil Cases Heard by Magistrate Courts

Magistrate Courts hear a variety of civil matters, ranging from landlord-tenant disputes to contract claims. In 2020, a Lagos Magistrate Court ordered a car dealer to pay a customer N1.05 million as compensation for selling a faulty vehicle. In another case, a Magistrate Court in the FCT ordered a man to pay N200,000 to his neighbor for damages caused by his dogs.

Despite their limited jurisdiction, Magistrate Courts play a crucial role in the administration of justice in Nigeria. They provide access to justice for individuals with small claims and are often the first point of contact for many Nigerians seeking redress for civil disputes.

Customary and Sharia Courts also have jurisdiction in civil matters in Nigeria. Here is an additional section that can be included in the article:

VIII. Customary and Sharia Courts

Customary Courts are established by state laws and have jurisdiction in civil matters related to customary law and practices. They typically handle cases involving issues such as inheritance, marriage, and land disputes. Sharia Courts, on the other hand, have jurisdiction over civil matters related to Islamic law and practices.

Finally, in most cases, the jurisdiction of Customary and Sharia Courts is limited to claims that do not exceed certain monetary thresholds, which vary by state. Their procedures are governed by state laws and customary or Islamic law, as the case may be.

Notable Civil Cases Heard by Customary and Sharia Courts

Customary and Sharia Courts have heard a number of notable civil cases in Nigeria. In 2019, a Sharia Court in Kano State ordered a man to pay his ex-wife N50,000 as compensation for defamation. In another case, a Customary Court in Delta State awarded N500,000 to a woman for damages suffered as a result of her husband’s adultery.

While Customary and Sharia Courts are not part of the formal court system, they play an important role in the administration of justice in Nigeria, particularly in rural areas where they are often the preferred option for resolving civil disputes.

If Magistrate Courts are the Lowest Courts in Nigeria’s judicial system, what then is the Status of Customary Court?

Yes, Magistrate Courts are the lowest courts in Nigeria’s formal judicial system, but Customary and Sharia Courts operate outside of the formal system and are therefore not considered part of the formal hierarchy of courts in Nigeria. They are instead classified as tribunals. Customary and Sharia Courts are established by state laws and have limited jurisdiction in civil matters related to customary and Islamic law, respectively.

See Also: Jurisdiction of Courts in Civil Cases in Nigeria – Max & Well Solicitors