Types of court in Nigeria and their functions

macfranc007 October 23, 2017 Nigeria News today & Breaking news ▷ Read Nigerian newspapers 24/7 Mary Ikande

There are eight types of courts in Nigeria and each of them performs specific functions. There is also a clear hierarchy existing amongst them; this article will teach all about it and even more.

Types of court in Nigeria and their functions

Every chamber of justice in Nigeria has recognized authority. Each citizen must obey the justice, which is carried out under the same conditions for people with different social status and wealth. Emotions, feelings and personal preferences do not play any important role when it comes to justice, especially considering that it is against the law to abuse legal authority and power. The purpose of Nigerian courts is to establish justice for the wellbeing of the people.

In accordance with the state Constitution, the government is divided into 3 branches: legislative, judicial and executive. Judicial powers are held and enforced by the courts; they exercise jurisdiction of the first instance.

Nigerian courts

Read through the list below to understand the structure of the Nigerian legal system and the types of courts in Nigeria.

1. Supreme Court of Nigeria

The Supreme Court is the most powerful court among state courts. It began functioning in 1963 after Nigeria was declared a federal republic, following the setting of a constitution which became relevant in October 1963. The appellate jurisdiction of Privy Council was abolished with the cancellation of Section 120. Judicial committee served as Apex Court.

A new view of the court was set forth in article 230, stating that this institution is headed by a chairman, with whom 21 judges work. Their decision is law and must be fulfilled. Repeated reviews are not practiced except in cases when the president and the governors are examined. In such situations, any person who is considered to have violated the Nigerian legislation may be granted a reprieve. Also, Supreme Court rulings can be revoked by law or by the Supreme Court itself if its participants decided to change their decision.

READ ALSO: Hierarchy of courts in Nigeria

The Supreme Court is currently located in Abuja. It has the highest jurisdiction. Consequently, appeals of other courts in relation to previously taken decisions are not considered. This concerns any issues of internal and international character. The Supreme Court also reserves the legal right to prevent any other Nigerian court from carrying out a hearing.

2. Court of Appeal

Next on the hierarchy of Nigerian courts is the Court of Appeal. 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 institution was set up in 1999; its creation is documented in section 237. It is headed by a Chairman who has 49 judges working with him.

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. When it comes to appeals, this court has the same unlimited power as the Supreme Court normally has. It considers results of the collation of ballots and appeals of all civil jurisdictions.

3. Federal High Court

As in the previous case, several units of the Federal High Court exist all over the country; they are located in more than 15 regions. The existence of this judicial body is prescribed in Article 249 of the Constitution. The leading position belongs to the Chief Judge. It also has a number of other judges working under the instructions of the National Assembly. The court can function correctly only if it contains at least 1 Judge of Court.

Jurisdiction for civil cases is prescribed in Constitution section No. 251 (1). There is an appellate jurisdiction, as well as all powers of state SC. Questions of interpretation of Constitution, observance of human rights, relations between bankers and their clients are considered in this institution.

4. State High Court

It also called the High Court of FCT (Federal Capital Territory). The establishment of this organization in Abuja is prescribed in article 255 of the Constitution. Article 270 describes the establishment of such judicial bodies in all regions. It is led by a Chief Judge who also has a number of other judges working with him. The High Court has major rights prescribed by the Constitution over several matters in the country; this applies to criminal and civil proceedings. Appeals are acceptable for decisions of district, magistrate and other less significant courts.

5. National Industrial Court

Establishment of this court is prescribed in article 254A of the Constitution. This organization has a President who is its leader. The law of the National Assembly prescribes a number of judges to work under the National Industrial Court; it also has various departments providing administrative convenience, and has offices located in some regions of the country. The staff of this court are mostly involved in civil proceedings and other aspects prescribed in article 254C.

6. Sharia Court of Appeal

The creation of this organization is prescribed in article 260 of the Constitution. Article 275 refers to a free establishment of such institutions in any region located in Nigeria. It is headed by a Grand Kadi and also has a number of other Kadis working with him. This court is concerned with the affairs of citizens if they concern Islamic personal rights.

7. Customary Court of Appeal

The formation of this organization is prescribed by article 265 of the constitution; it is was created to service the FCT. Article 280 describes the possibility of forming such an organization in any region that is a part of Nigeria. It is headed by a President and the National Assembly determines the judges to work with him. It is involved with civil proceedings when it comes to customary proceedings.

8. Magistrate Court (District Court)

The House of Assembly establishes such institutions by its orders, although they aren’t prescribed in the Сonstitution. The Magistrate court performs summary judgment without statements and instructions from the parties involved. District and Magistrate Courts have similar functions but the first name is most often used in the northern part of the country, while the second is used in the southern areas. All of them are engaged in civil law; and each region has its unique rules.

All the organizations discussed in this article are parts of the judicial system that provides law and order in the country. The legality of each of them is established in the current Constitution, which makes it possible for them to work in the first place.