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. Short title page 1 national industrial court of nigeria civil procedure rules, 2017 b3347 printed and published by the federal government printer, lagos, nigeria. Oct 03, 2014 jurisdiction of the national industrial court of nigeria 1. Nigerian courts, injunctions, and the electoral process. 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. 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.
Civil jurisdiction of courts in nigeria the tide news. Types of courts in nigeria and their functions information. 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. 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 appellate jurisdiction of the supreme court confers on the supreme court exclusive jurisdiction to hear and determine appeals from the court of appeal. The nigerian court of appeal is the next court in the hierarchy of courts in nigeria. This means that no appeal can be heard regarding matters decided by the supreme court before any other nigerian court. No court assumes jurisdiction except it is statutorily prescribed as jurisdiction cannot be implied nor can it be conferred by agreement of parties. I do not think i have any reason to impugn the findings and conclusions of the two courts below which i, therefore, also endorse.
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. The apex or number one court in nigeria is the supreme court of nigeria. Nonappealable decisions of the national industrial court of. Inimostate, judicial powers is accordingly vested in the customary courts, magistrates courts, customary court of appeal and high court. States, specified in subsection 5 a to 1 of this section, shall be the only superior courts of record in. Below is a list of all the magistrate courts in the federal capital territory, under the f. 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.
Lagos state high court office in 15, 15, igbosere road, adenijiadele, lagos island, lagos, nigeria. Find list of best courts in nigeria with their name, address, contact phone number and other information on. 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. 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. Your use of this heinonline pdf indicates your acceptance. 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.
The fundamentals of constitutional courts international idea. 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. How the nigerian national judicial council shields corrupt. Viyonlaw blog your onestop online blog for the discussion of legal and social issues in nigeria. 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. Constitution of the federal republic of nigeria wipo. 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. Law students will find it very useful in their cause of studies. It has the highest and most important jurisdiction in the country. 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.
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. As at 2010, there are 66 judges of the nigerian courts of appeals authorized by the senate. United kingdom and the united states all common law. Jurisdiction of the national industrial court of nigeria. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the a. The supreme court of nigeria scn, is the highest court in nigeria, and is located in the. Nonappealable decisions of the national industrial court. 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. Courts in nigeria are divided into superior courts and courts with jurisdiction subordinate to the high courts. The judiciary determines the meaning of the laws of the country. Therefore, this means that no appeal can be heard regarding matters decided and concluded by the supreme court before any other nigerian court. 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. Below are the 8 hierarchy of courts in nigeria explained.
Yemi osinbajo, san, on tuesday, approved the appointment of 19 new judges for the national industrial court of nigeria, nic. 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. 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. 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. 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. 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. In that regard, the functions, powers and responsibilities. Overview of proposed national industrial court of nigeria. Find list of best courts in nigeria with their name, address, contact phone number and other information on vconnect. A critical analysis fagbemisunday department of public and international law, faculty of law, university of ibadan, ibadan, nigeria email. 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. Service on local agent of principal who is out of jurisdiction. Section 254a of the constitution of the federal republic of nigeria third alteration act, 2010 came as the long awaited legislative step in.
National industrial court judgment not final supreme. The nigerian supreme court is the highest court in the country. Jurisdiction casesjudgments of nigerian courts lawnigeria. Jurisdiction of the national industrial court of nigeria 1. The jurisdiction of the latter is limited to criminal cases, whereas. Customary courts of appeal are interspersed in the country. Jurisdiction and the contractual freedom of parties does. Discriminatory property inheritance under customary law in.
The supreme court and federalism in nigeria request pdf. 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. Its jurisdiction is the highest and most important in the country. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. Wuse zone 2 magistrate courts wuse zone 6 magistrate courts. Jul 15, 2015 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. Constitutional court cases in nigeria law library of. The supreme jurisdiction of the national industrial court of. High court northern nigeria statutory right of occupancy granted by a native authority sec. Discriminatory property inheritance under customary law in nigeria. 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. Visit vconnect for lagos state high court in lagos island, lagos. Constitutional court cases in nigeria law library of congress. The supreme jurisdiction of the national industrial court.
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. For many years this has remained one of my popular taught courses, and has been downloaded by people around the world over 12,000. I thank the administrator of the national judicial institute, the hon. Inspector of native courts, ministry of justice, northern nigeria, 19631965. Designated special courts are superior courts of record in. The nigerian supreme court makes available pdf copies of its decisions from 1961 through 2012. 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. Wuse zone 2 magistrate courts wuse zone 6 magistrate courts plot 426, tigris crescent, aguiyi ironsi st, abuja. Doc the structure and jurisdiction of the courts osei. Service on foreign company doing business in nigeria. The nigerian courts of appeal are the intermediate appellate courts of the nigerian federal court system. 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. National industrial court judgment not final supreme court. Feb 06, 2016 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters.
The supreme court is located in abuja, the capital of nigeria. 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. Undp supports two types of courts travelling on circuit.
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. Service on person out of jurisdiction as a necessary party. 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. It is established by section 237 of the 1999 constitution as amended, headed by the president of. And this is why it is being argued that nigerian courts should enforce customary laws. This issue is, therefore, also resolved in favour of the respondents. All malayan estates staff union 1980 1 mlj 243 at p. The appellate jurisdiction of the supreme court of nigeria is as provided in section 2331 of the constitution. Jul 08, 2017 lawyers applaud supreme courts decision on national industrial court appeal. 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. Superior courts include the high courts, the sharia courts of appeal, the customary courts of appeal, the court of appeal, and the supreme court. Noncompliance of court rules, mere irregularity the. Concurrent jurisdiction exists where two courts have simultaneous responsibility for the same case. 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.
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. 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. In criminal matters, proceedings before the court are governed by criminal. It is multisegment free access center for intelligence and instruments relating to nigeria s legal and policy circuit. 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 coursework on the structure and jurisdiction of the ghanaian courts will help you understand how the courts work. 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. 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.
How the nigerian national judicial council shields corrupt judges several law enforcement officers involved in investigating corrupt nigerian. In addition to the constitutional jurisdiction of the imo state high court to hear and determine civil and criminal cases, it. Nigeria has its own constitution which was established on 29 may 1999. I bozimo ofr for the invitation to me to address this conference of. This webpage by the law library of congress contains information about and links to constitutional court cases available in english. Constitution of the federal republic of nigeria 1999. The constitution provides for a high court for each state. 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. 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. 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. However, the parliament can by law establish a common high court for two or more states and a union territory.
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