But the fact that it took six years for this decision to be reached highlights severe delays in Nigeria’s court system. It is presided over by a Judge who has the title: President of the Customary Court of Appeal of the state/FCT and is assisted by other Judges. The Federal High Court sitting in Abuja, the Federal Capital City (FCT), has ordered the Nigeria Police to produce the former Governor of Imo State, … 25. Only the appointment of the President of the Appeal Court requires Senate confirmation. The court ordered a retrial … Same legal knowledge qualifies the lawyer to stand in for one as advocates in court. The move from paper to electronic forms is a vital step in the evolution to a modern organisation system. It considers results of the collation of ballots and appeals of all civil jurisdictions. The paper also considers the applicability of Evidence Act to Customary and Area Courts and discusses whether the concept of right to fair hearing is applicable or not to these courts. Its courts that are equivalent to the state courts have their Judges appointed by the President and are thus federal courts. The Supreme Court is headed by a Chief Justice who is assisted by other Justices. Most of the procedural rules of the various courts in Nigeria are in dire need of reform and review to make it accord with the need to discard technicalities and uphold substantive justice. During this period, the Supreme Court Ordinance of 1876 earlier mentioned provided for three classes of persons to practice law in Nigeria namely. Overview. [10][11], There are two types of election tribunals viz. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post colonial independence. The High Court of a state/FCT is the highest English law court in a state or the FCT. Find out more about our impact, who we are and how we are funded. Delay in the Administration of Justice in the Nigerian Judicial System by Rogba ... We need to rejuvenate the court system and ensure the optimum use of human resources is achieved and use the ICT tools available to the full extent of their utility in our system. [citation needed] Sharia Law (also known as Islamic Law) used to be used only in Northern Nigeria, where Islam is the predominant religion. 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. Dutch court orders Shell to pay Nigerian farmers over oil spills. The State courts include: the High Court of a State, the Customary Court of Appeal of a State and the Sharia Court of Appeal of a State. The Court of Appeal in The Hague has ruled in favour of Milieudefensie / Friends of the Earth Netherlands and four Nigerians in an oil pollution case that was first brought against Royal Dutch Shell and Shell Nigeria in 2008. Fourteen Nigerian states and the Federal Capital Territory (Abuja) in October 2003 established its own Multi-Door Court, have replicated the model showcasing the efficacy of dispute resolution mechanisms that resonate with local culture and practice. With the return of the country to democratic rule in 1999, some of the predominantly Muslim northern states have instituted full sharia law (criminal and civil). A Dutch appeals court on Friday said that the Nigerian subsidiary of Royal Dutch Shell was responsible for oil pipeline leaks in the Niger Delta and ordered it to pay unspecified damages to farmers. Dr Roorda of Utrecht University gives an overview of the Hague Court judgment and its key points, and examines its potential impact on future litigation. [12], The Code Of Conduct Tribunal is established by the Chapter C15 Code of Conduct Bureau and Tribunal Act, No. The Supreme Court has original jurisdiction in any dispute between the Federation and a state or between states and also has appellate jurisdiction to hear and determine appeals from the Court of Appeal. PDF File: Structure Of The Court System In Nigeria - SOTCSINPDF-134 2/2 Structure Of The Court System In Nigeria Read Structure Of The Court System In Nigeria PDF on our digital library. The Law of Nigeria consists of courts, offences, and various types of laws. Appeals from the Federal Supreme Court to the Judicial Committee of the Privy Council were abolished at that point, and the Supreme Court became the highest court in Nigeria. The judicial system in Nigeria is beset with several deficiencies in its procedural set up that make it very difficult to obtain justice and quick resolution of disputes in courts. It is last stop on all appeal matters. The Courts play a pivotal role in the The Court of Appeal is a decisive force when it is necessary to establish whether results are correct following governorship or presidential elections, after a request has been made via other Nigerian courts. It is the role of these Courts in the Nigerian legal system that this article sets out to examine. The chairman and other members of the Tribunal shall be appointed by the President on the recommendation of the National Judicial Council. [16] Sharia, meaning "way" or "path" in religious law of Islam,[17] has been in Nigeria for a long time. FFK tok say I still dey PDP, Kogi governor Yahaya Bello say e don join APC. The Supreme Court of Nigeria is the highest court in Nigeria. Fawehinmi, G. Courts’ system in Nigeria: a guide Lagos: Nigerian Law Publications, 1992. The legal system of a nation is critical to the maintenance of law and order in that nation. The Nigerian subsidiary added: “Like all Shell-operated ventures globally, we are committed to operating safely and protecting the local environment.”. Recognized as a federal court of appeals under the government of Nigeria, the Sharia Court of Appeals is the most controversial of the judicial system. However, it ruled that Shell’s parent company and its Nigerian subsidiary must fit a leak-detection system to a pipeline that caused one of the spills. Sokefun, Justus and Njoku, Nduka, The Court System in Nigeria: Jurisdiction and Appeals (March 30, 2016). The Nigeria criminal Justice system is apparently and blatantly ill structured, one that neglects inventive and progressive means such as an effective juvenile justice system where rational, logical, rehabilitative and reforming modus are employed to tackling issues of delinquencies, while sending the message that life out there is only for “grown and mature” criminals. Kano State High Court has set aside the death sentence slammed on a singer, Aminu Sharif, for alleged blasphemy. “We are … disappointed that this court has made a different finding on the cause of these spills and in its finding that SPDC is liable,” the company said. Civil sharia law has been enshrined in the various Nigerian constitutions since independence. On the other hand, formation, and construction, the arbitration system is unique and adjusts to every particular case. In landmark ruling, the Court of Appeal in The Hague finds Shell Nigeria liable for pollution caused by leaking oil pipelines and orders it to compensate affected farmers, and orders Royal Dutch Shell to install equipment to prevent future oil leaks. Due to the fact that the Nigerian capital (known as happy town or The Federal Capital Territory, FCT) is not a state, it has no Governor. Hence, ICT should be employed in conducting most of the activities in Nigerian Courts, considering its successful adoption and use in some other jurisdictions. The Nigerian constitution recognizes courts as either Federal or State courts. He/She is assisted by Justices. System in Nigeria was concerned, the attitude of colonial rulers in Nigeria was paternalistic, «Iaissez-faire » a attitude, of non-interference by the ruling authority. The paper also examines appeals from the Customary Court. It is presided over by a Chief Judge who is assisted by other Judges. This attitude seems to have been inherited by successive Nigérian Governments at least landtenure in Nigeria tenure, land and-In agricultural for agricultural of of: Nigeria Nigeria 's 's:: Boserup *"--'s:.-FAMORIYO. 2. This article examines Nigeria’s legal order especially the hierarchy of Courts in Nigeria, the jurisdictional limits of the various courts in Nigerian as well as the appellate system of Nigerian courts. ASSESSMENT OF THE INTEGRITY AND CAPACITY OF THE JUSTICE SYSTEM IN THREE NIGERIAN STATES Technical Assessment Report January 2006 Vienna … [9], Judgements from the tier 4 courts can be appealed only to their respective higher tier 3 courts (e.g. It is the last stop on all appeal matters. ‘CHANGE’ did not come to the Nigerian criminal justice system in 2016. Under Nigerian law, which was applied in the Dutch civil case, the company is not liable if the leaks were the result of sabotage. the 1999 Constitution.ii The Nigeria’s judiciary and court system, diagrammatically represented in Figure 1 below, have their functions explained as follows: i. It exists within the Federal Capital Territory of Nigeria and is a part of the Unified Courts System. The court did not hold Shell’s parent company, which is headquartered in the Netherlands, directly responsible. The judgment follows a landmark ruling by the U.K. Supreme Court two years ago that allowed more than 2,500 Zambians to proceed to trial against … The Hague appeals court ruled that sabotage was to blame for an oil leak in another village; however, it said that the issue of whether Shell can be held liable “remains open” and the case will be continued as the court wants clarification about the extent of the pollution and whether it still has to be cleaned up. The Constitution of Nigeria is the supreme law of the country. : (1) National Assembly Election Tribunals that deal with petitions from the Senate and House of Representatives elections and (2) Governorship and Legislative Election Tribunals that deal with petitions from the Gubernatorial and State House of Assembly elections. All the courts or better put chamber of justice have recognized authority depending on the types of courts in Nigeria. VISION. National Industrial Court of Nigeria will be a court system, characterized by execellence that strives to attain a fair and responsive system of justice while protecting the rights and liberties, upholding and interpreting the law, and resolving disputes peacefully, fairly and effectively. These agencies work in synergy in the prevention, deterrence, apprehension, investigation, trial, punishment and rehabilitation of offenders. Civil actions, court prosecutions and contracts form the basis on which the Nigerian legal system is built. The Lagos Multi-Door Court House (“LMDC”) is a public-private sector partnership created to remedy some of the above-mentioned concerns with the more familiar adversarial and acrimonious litigation system, by the establishment of a standard legal framework for the fair and efficient settlement of disputes through ADR methods like Mediation, Conciliation, Neutral Evaluation, Arbitration, etc. It is presided over by a Grand Khadi who is assisted by other Khadis. These states are Kano, Katsina, Niger, Bauchi, Borno, Kaduna, Gombe, Sokoto, Jigawa, Yobe, and Kebbi.[19]. The energy company’s Nigerian subsidiary must pay out over a 2008 case, Court of Appeal in The Hague rules. The appearance of such links does not constitute endorsement of the websites they lead to or the information contained therein, over which we exercise no editorial control. Courts are described by solidness, the judges are randomly allocated, and the procedures are strict and rigid. The Lagos High Court System is comprised of The Criminal Division, The Land Division, The Probate and Family Division, The Commercial Division and The General Civil Division. The predominantly Christian southern states tend to have Customary courts and not Sharia courts. The next highest court is the Court of Appeal, in Abuja. The Supreme Court of Nigeria: is the country’s highest court. The lawyers are the main interpreters of the law to other Nigerians, who do not have sufficient knowledge regarding the law to enable personal interpretation. In a historic ruling against the oil company Shell, the Court of Appeal in The Hague has found in favor of four Nigerian farmers in an oil spill case first filed in 2008. “Shell Nigeria is sentenced to compensate farmers for damages,” the court said in its ruling, which can be appealed via the Dutch Supreme Court. In order to bring the administration of justice closer to the people it has a division in each of the thirty-six states of the country. [1], Customary Law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of pre-colonial Yoruba land secret societies and the Èkpè and Okónkò of Igboland and Ibibioland. Oil giant Shell's Nigerian subsidiary is responsible for oil pipeline leaks in the Niger Delta, a Dutch appeals court has ruled. Business & Human Rights Resource Centre Registered Charity in England & Wales no. In 1963, the Federal Republic of Nigeria was proclaimed and Nnamdi Azikiwe became its first President. Ijalaye, D. The extension of corporate personality in international law Dobbs Ferry, New York: Oceana Publications, 1978. When it comes to appeals, this court has the same unlimited power as the Supreme Court normally has. The Court of Appeal . Privatization and Commercialization Decree 1988. Nigeria has its own constitution which was established on 29 May 1999. 62. It is constitutionally required to have at least three Judges who are versed in customary law and at least three Judges who are versed in Islamic personal law. Furthermore, the Supreme Court of Nigeria has held that where an action is instituted by a party to a construction contract within time but at the wrong court, the time spent in the wrong court would not be counted when considering the issue of the limitation period (Sifax Nigeria Limited & 4 ors. No. The head of the Court of Appeal has the title President of the Appeal Court. The High Court of a state/FCT and the Federal High Court have similar powers. Election tribunals are set up by the President of the Federal Court of Appeal in consultation with the Chief Judges of the High Courts of the states, Presidents of the Customary Courts of Appeal of the states and/or Grand Khadis of the Sharia Courts of Appeal of the states. linked with the hierarchical structure of the court system, stare decisis, the doctrine of binding precedent and efficient law reporting system. The Federal Court of Appeal is where the multiple legal systems (English, Customary and Sharia) of Nigeria converge. Disclaimer: Business & Human Rights Resource Centre and its collaborative partners take no position on the diverse views presented in linked material within the database, nor can we guarantee the factual accuracy of all the articles and reports we make available. [14], A person holding the office of chairman or member of the Code Of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly of Nigeria praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of the Act. A criminal trial involves the state, the society and the offender who commits the act. You can read Structure Of The Court System In Nigeria PDF direct on your mobile phones or PC. This is the highest court in Nigeria. However, the predominantly Muslim northern states tend to have Sharia courts rather than Customary courts. In October 2020, the Hague Appeals court heard testimonies from victims in the long-standing case that has taken 12 years to go to court. [8], The lowest courts in the country are all state courts (there is no federal court in this group). US Supreme Court. By diversifying the dispute resolution options available to Nigerians, the LMDC has eroded a long-standing national bias towards litigation. We provide automated case processing, payments and communication through this online court system to make it easy for various parties to a case to have timely access to pertinent case-related information. An Ikeja Chief Magistrates’ Court on Monday, ordered that eight men, who allegedly robbed and stabbed a Lagos Bus Rapid Transit System member of staff, be remanded in … judgements from the English law Magistrates Court can only be appealed to the tier 3 English law court (the High Court of a state/FCT). For example, in Lagos state, there is a Federal High Court, Lagos and a High Court of Lagos State (sometimes referred to as The Lagos State High Court). The United States Supreme Court on Monday announced plans to hear cases by teleconference in May, a move described by watchers as highly unusual. [13], The Code Of Conduct Tribunal (CCT) shall consist of a chairman and two other members, whose chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law. Sharia law (also known as Islamic law) is law that is used only in the predominantly Muslim north of the country. https://www.legalnaija.com/2016/11/hierarchy-of-courts-in-nigeria-adenike.html The Federal High Court is generally a court of original jurisdiction. The Supreme Court has original jurisdiction in any dispute between the Federation and a state or between states and also has appellate jurisdiction to hear and determine appeals from the Court of Appeal. It is also being used in Lagos state by Muslims.The country has a judicial branch, the highest court of which is the Supreme Court of Nigeria.[2]. "History Of The Court – FCT Customary Court of Appeal", "Order 4: Criminal Appeals | Nigeria Legal Information Institute", "constitution of the federal republic of Nigeria 1999", "Nigeria Legal Information Institute | Nigeria Legal Information Institute", "Jurisdiction of Code of Conduct Tribunal", "CCT confirms Danladi Umar remains Chairman -", "CODE OF CONDUCT BUREAU AND TRIBUNAL ACT", "Nigeria looks back on 20 years of Sharia law in the north | DW | 27.10.2019", "Sharia Law in the Northern States of Nigeria: To Implement or Not to Implement, the Constitutionality is the Question", "Constitution of the Federal Republic of Nigeria", "Border Communities Development Agency Act, 2003", "Federal Capital Territory Internal Revenue Service Act, 2015", "Trafficking in Persons (Prohibition), (Enforcement And Administration) Act, 2015", https://en.wikipedia.org/w/index.php?title=Law_of_Nigeria&oldid=1004029663, Articles with unsourced statements from May 2020, Creative Commons Attribution-ShareAlike License, Constitution of the Federal Republic of Nigeria 1999, Border Communities Development Agency Act, 2003, Federal Capital Territory Internal Revenue Service Act 2015, Trafficking in Persons (Prohibition), (Enforcement And Administration) Act, 2015, Energy Commission of Nigeria Decree 1979. The Customary Court of Appeal of a state/FCT is the highest Customary law court in a state/FCT. Judgements from the Code Of Conduct Tribunal can be appealed to the tier 2 court (Federal Court of Appeal). However, it has appellate jurisdiction from tribunals such as the Tax Appeal Tribunal. Alongside its core work providing a platform for Human Rights advocates, the Resource Centre runs several focused programme areas and regularly releases briefings and reports on areas of particular interest. The Nigerian Court of Appeal is the next court in the hierarchy of courts in Nigeria. In 1 J. Salmon, Jurisprudence, 10thedition., 1994, p.41. A person holding the office of chairman or member of the Tribunal shall not be removed from office before retiring age, save in accordance with the provisions of the section of the Act.[15]. The appointment of the Chief Justice and Justices requires confirmation by the Senate. The Supreme Court has ruled that an oil spill case can be brought against Shell in the UK for problems in Nigeria. The Administration of Justice Commission Decree 1991 (No 55), The Admiralty Jurisdiction Decree 1991 (No 59), The Banks and Other Financial Institutions Decree 1991, This page was last edited on 31 January 2021, at 19:52. It consists of the Chief Justice of the Federation and such number of Justices of the Supreme Court as may be prescribed by an Act of the National Assembly. CELEBRATION OF MARRIAGE It is worthy of note that there are laws that guide the celebration of marriages in Nigeria, the Marriage Act (MA) provides that the following must take place for it to be recognized as a valid marriage: