However, the parliament can by law establish a common high court for two or more states and a union territory. Jul 16, 2017 group asks osinbajo to sack 19 newly appointed national industrial court judges an antigraft group, the civil society network against corruption csnac, has called on the acting president, mr. Superior courts include the high courts, the sharia courts of appeal, the customary courts of appeal, the court of appeal, and the supreme court. States, specified in subsection 5 a to 1 of this section, shall be the only superior courts of record in. The nigerian supreme court is the highest court in the country. The provisions of the constitution of the federal republic of nigeria cfrn 1999 as amended are that the national assembly or any house of assembly of a state is empowered to establish courts with subordinate jurisdiction to that of a high court as laid claim to by section 6 4 a cfrn. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the award of damages, compensation, declaration of rights or prerogative or equitable remedies. Since it is obviously impossible to touch on all magistrate courts in the southern part of nigeria, it will suffice to use 2 p a g e. It is multisegment free access center for intelligence and instruments relating to nigeria s legal and policy circuit. The above was the position in nigeria before the enactment of the nica, 2006 and the amendment to the constitution of nigeria in 2010.
Constitution of the federal republic of nigeria 1999. Jurisdiction of the national industrial court of nigeria 1. This issue is, therefore, also resolved in favour of the respondents. Your use of this heinonline pdf indicates your acceptance. As at 2010, there are 66 judges of the nigerian courts of appeals authorized by the senate. The court in which the decision is given may depart from it only in special cases while the courts be low it are strictly bound by that decision. The fundamentals of constitutional courts international idea. The nigerian supreme court makes available pdf copies of its decisions from 1961 through 2012. Doc the structure and jurisdiction of the courts osei.
By ikechukwu nnochiri abuja the acting president, prof. All malayan estates staff union 1980 1 mlj 243 at p. The rules for granting amendments of pleadings or proceedings are very flexible and a great deal depends on the discretion of the judge or tribunal. The jurisdiction of the latter is limited to criminal cases, whereas. Oct 03, 2017 the provisions of the constitution of the federal republic of nigeria cfrn 1999 as amended are that the national assembly or any house of assembly of a state is empowered to establish courts with subordinate jurisdiction to that of a high court as laid claim to by section 6 4 a cfrn. The national industrial court of nigeria also known as nicn is a court empowered to adjudicate trade disputes, labour practices, matters related to the factories act, trade disputes act, trade unions act, workmens compensations act and appeals from the industrial arbitration panel and all other employment matters in nigeria. Wuse zone 2 magistrate courts wuse zone 6 magistrate courts plot 426, tigris crescent, aguiyi ironsi st, abuja. Therefore, this means that no appeal can be heard regarding matters decided and concluded by the supreme court before any other nigerian court. Find list of best courts in nigeria with their name, address, contact phone number and other information on vconnect. In 1854, the earliest courts called the courts of equity were established by the british in the southern parts of nigeria particularly brass, benin, okrika and opobo. National industrial court judgment not final supreme. Since nigeria s transition from military to civilian rule in 1999, the countrys supreme court has risen from a position of relative political obscurity and institutional vulnerability into a. Area courts are creation of the states in the northern part of nigeria while customary courts are creation of the states in southern part of nigeria.
Concurrent jurisdiction exists where two courts have simultaneous responsibility for the same case. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. The nigerian courts of appeal are the intermediate appellate courts of the nigerian federal court system. Designated special courts are superior courts of record in. The apex or number one court in nigeria is the supreme court of nigeria. Where district courts have jurisdiction over civil matters appeals are dealt with by a regional court, which is the court of second instance in such cases and. Yemi osinbajo, san, on tuesday, approved the appointment of 19 new judges for the national industrial court of nigeria, nic. The federal judicial power is exercised by the federal courts, which adjudicate in disputes arising between individuals, governments and corporate entities in their interrelationships with one another within or outside the country in accordance with the law. The supreme jurisdiction of the national industrial court of. Oct 03, 2014 jurisdiction of the national industrial court of nigeria 1. Jul 08, 2017 lawyers applaud supreme courts decision on national industrial court appeal. Group asks osinbajo to sack 19 newly appointed national industrial court judges an antigraft group, the civil society network against corruption. Find list of best courts in nigeria with their name, address, contact phone number and other information on.
National industrial court judgment not final supreme court. How the nigerian national judicial council shields corrupt judges several law enforcement officers involved in investigating corrupt nigerian. Below are the 8 hierarchy of courts in nigeria explained. And this is why it is being argued that nigerian courts should enforce customary laws. Types of courts in nigeria and their functions information. Its jurisdiction is the highest and most important in the country.
Constitutional court cases in nigeria law library of congress. Inspector of native courts, ministry of justice, northern nigeria, 19631965. Section 254a of the constitution of the federal republic of nigeria third alteration act, 2010 came as the long awaited legislative step in listing the nic as a superior court of record. In the southern part of nigeria, the courts are known as customary or district courts while in the northern part of nigeria, they are called area courts. Law reports of courts of nigeria is a private firm that published on monthly bases judgements issued by the supreme court of nigeria, lawyers will find these publications a necessity in order to be proficient in their discipline as a lawyer. Nonappealable decisions of the national industrial court of. That the case stated for the decision of the court of appeal in this application is substantial, being on which neither the court of appeal nor the supreme court has decided. Below is a list of all the magistrate courts in the federal capital territory, under the f. Law students will find it very useful in their cause of studies. I thank the administrator of the national judicial institute, the hon. 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. I bozimo ofr for the invitation to me to address this conference of. Short title page 1 national industrial court of nigeria civil procedure rules, 2017 b3347 printed and published by the federal government printer, lagos, nigeria. Section 254a of the constitution of the federal republic of nigeria third alteration act, 2010 came as the long awaited legislative step in.
Jul 15, 2015 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. The coursework on the structure and jurisdiction of the ghanaian courts will help you understand how the courts work. Inmy view, having regard to the principles enunciated in the cases cited, the industrial relations act, being a social legislation enacted with the prime object of attaining social. Courts in nigeria are divided into superior courts and courts with jurisdiction subordinate to the high courts. Attorney general of the federation and 35 ors,18 the supreme court held that section 2 2 of the 1999 constitution of nigeria reenacts the doctrine of federalism. The phrase appropriate court in the above sections is defined, in section 54 of the trade union act, to mean the industrial arbitration panel or the national industrial court as the case may be. Nonappealable decisions of the national industrial court.
The supreme court of nigeria scn, is the highest court in nigeria, and is located in the. Undp supports two types of courts travelling on circuit. Customary courts of appeal are interspersed in the country. I do not think i have any reason to impugn the findings and conclusions of the two courts below which i, therefore, also endorse.
Constitution of the federal republic of nigeria wipo. By virtue of section 239 of the 1999 constitution, the court of appeal has the original jurisdiction to hear and determine any question as to whether any person have been validly elected to the office of president or vice president under the constitution. Noncompliance of court rules, mere irregularity the. Edo state high court of justice is situated in sapele road, it is a superior court of record and has 28 judicial divisions and together with the magistrate courts and area courts carry out judicial functions of the judiciary in the state. It was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of section 2 and section 5c of the constitution of the federal republic of nigeria third alteration act 2010. The law of nigeria consists of courts, offences, and various types of laws. In that regard, the functions, powers and responsibilities. United kingdom and the united states all common law. Civil jurisdiction of courts in nigeria the tide news.
The nigerian court of appeal is the next court in the hierarchy of courts in nigeria. The judiciary determines the meaning of the laws of the country. Visit vconnect for lagos state high court in lagos island, lagos. Overview of proposed national industrial court of nigeria. Overview of proposed national industrial court of nigeria civil procedure rule 2015. Prominent examples of the diffused system include the australia, canada, india, malaysia, nigeria, the. Jurisdiction and the contractual freedom of parties does. Nigeria ports authority npa and the bureau of public enterprises bpe by the plaintiffs is not fatal to the plaintiffs case, as well as the jurisdiction of the trial high court. The national industrial court of nigeria also known as nic is a court empowered to adjudicate trade disputes, labour practices, matters related to the factories act, trade disputes act, trade unions act, workmens compensations act and appeals. Service on person out of jurisdiction as a necessary party. Nigerian courts, injunctions, and the electoral process. The appellant was arrested by a team of police officers for dealing in 750 grams of cannabis sativa also known as indian hemp which is a drug similar to cocaine, heroin or lsd, contrary to and punishable undersection 10 c of the national drug law enforcement agency act. The court of appeals decides appeals from the district courts within the federal judicial system, and in some instances from other designated federal courts and administrative agencies.
Service on local agent of principal who is out of jurisdiction. A critical analysis fagbemisunday department of public and international law, faculty of law, university of ibadan, ibadan, nigeria email. How the nigerian national judicial council shields corrupt. The appellate jurisdiction of the supreme court of nigeria is as provided in section 2331 of the constitution. High court northern nigeria statutory right of occupancy granted by a native authority sec. In addition to the constitutional jurisdiction of the imo state high court to hear and determine civil and criminal cases, it. Dec 22, 2016 it was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of section 2 and section 5c of the constitution of the federal republic of nigeria third alteration act 2010. The supreme jurisdiction of the national industrial court. This means that no appeal can be heard regarding matters decided by the supreme court before any other nigerian court. For many years this has remained one of my popular taught courses, and has been downloaded by people around the world over 12,000.
No court assumes jurisdiction except it is statutorily prescribed as jurisdiction cannot be implied nor can it be conferred by agreement of parties. The supreme court is located in abuja, the capital of nigeria. The national industrial court of nigeria nic was established in 1976 by the trade disputes act, cap 432, laws of the federation of nigeria, 1990 and was in 2010 elevated to a superior court of record and of coordinate jurisdiction with the federal high court, the various state high courts and other courts of coordinate jurisdiction with a. Court of criminal jurisdiction in southern states of nigeria we may now consider first courts of general criminal jurisdiction in the southern states of nigeria. Constitutional court cases in nigeria law library of. Civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. Once a court lacks jurisdiction, a party cannot use any statutory provision or common law principle to impose it because absence of jurisdiction is irreparable in law.
It has the highest and most important jurisdiction in the country. Its jurisdiction includes hearing appeals from decisions of the court of appeal, the second highest court, regarding any civil or criminal proceedings on questions as to the interpretation or an application of. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the a. Discriminatory property inheritance under customary law in nigeria. The supreme court of nigeria scn, is the highest court in nigeria, and is located in the central district, abuja, in what is known as the three arms zone, so called due to the proximity of the offices of the presidential complex, the national assembly, and the supreme court. This paper, in essence, will attempt to examine the extent to which parties can contract to oust the jurisdiction of nigerian courts and vest same, over disputes arising from contracts entered into or to be performed in nigeria, on foreign courts. It is established by section 237 of the 1999 constitution as amended, headed by the president of. Feb 06, 2016 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. The supreme court and federalism in nigeria request pdf. Jurisdiction casesjudgments of nigerian courts lawnigeria. This new portal of the hemispheric network contains a virtual library that offers uptodate legal information related to mutual assistance and extradition in the 34 active member states of the oas.
Discriminatory property inheritance under customary law in. Since nigerias transition from military to civilian rule in 1999, the countrys supreme court has risen from a position of relative political obscurity and institutional vulnerability into a. Nigeria is under legal obligation to arrest and surrender president of the republic of sudan, omar hassan ahmad albashir to the trial chamber of the international criminal court if he enters the territory of nigeria because he was indicted in 2009 by the international criminal court. Service on foreign company doing business in nigeria. High court law cap 49 laws of northern nigeria the nasarawa state high court civil procedure rules, 2010 in exercise of the powers conferred on me by section 274 of the constitution of the federal republic of nigeria, 1999 and section 116 of the high court law of northern nigeria 1963 as applicable to nasarawa state and all. This webpage by the law library of congress contains information about and links to constitutional court cases available in english. In criminal matters, proceedings before the court are governed by criminal. Nigeria has its own constitution which was established on 29 may 1999. As we move closer to yet another election in our fledging democracy, the role of nigerian courts and their power to grant injunctions cannot be over emphasized. The appellate jurisdiction of the supreme court confers on the supreme court exclusive jurisdiction to hear and determine appeals from the court of appeal.
469 262 1550 219 1549 549 826 756 1061 1214 1411 774 1472 1482 448 1287 1519 1104 1379 792 312 553 877 1369 1369 678 1393 1324 1348 322 1305