JUDICIAL INSTITUTIONS

Course Title: NIGERIAN LEGAL

SYSTEM
Course Code: PUL 204
Lecturer: OLUSEGUN, O. O.

Faculty of Law,
Obafemi Awolowo University, Ile-Ife,
Osun State.

NIGERIAN LEGAL SYSTEM

 TYPES AND JURISDICTION OF COURTS IN NIGERIA
• Judicial power is the power of the court to entertain cases,
pronounce judgment and carry a decision into effect between
persons who brings a case before it for determination.

• A court’s power is subject to the jurisdiction conferred by the

Constitution or any other enabling statute

• Jurisdiction has been described as the extent of the power

given to a court by the law establishing it.

• Jurisdiction is the authority of the court to exercise judicial

power.
• Jurisdiction is fundamental in every court proceeding for if a
court of law adjudicates over a matter in respect of which it has
no jurisdiction; its effort is in vain as the proceedings are a
nullity.
• No amount of liberal application of the principles of justice can
confer jurisdiction on a court that lacks one.
• Jurisdiction may be by reference to the subject matter that the
court may adjudicate upon or the financial limits in such subject
matter.
• It may also be by reference to constitution or composition of
the court. For example, the law may prescribe the particular
number of judges that must seat in a given matter failing which
the court cannot competently entertain the matter.
• Jurisdiction may also be determined by reference to the
geographical area of operation of the court. For example, a
court which is established as a state court will not have
jurisdiction to entertain matters outside the state.

• Where the jurisdiction of a court is limited, the court is referred

to as a court of limited jurisdiction otherwise, it is referred to as
a court of unlimited jurisdiction.

• As stated in the case of Oloba v Akereja [1988] 3 NWLR (pt 84)

508 the legislature cannot subtract from or reduce the
jurisdiction of a court established under the Constitution except
by way of constitutional amendment
• Courts may be classified into superior and inferior courts.

• The Constitution provides for the superior courts of record in

Nigeria. See Section 6(3) (5), 1999 Constitution.

• Superior courts have wider powers than inferior courts and are
usually competent to award the maximum remedy or penalty
prescribed by law.
SUPREME COURT
• This is the highest in the hierarchy of courts in Nigeria.

• It was established by section 230(1) of the 1999 Constitution.

• It consists of the Chief Justice of Nigeria and such number of

justices of the Supreme Court, not exceeding 21. See s. 230(2)
 Appointments
• Both the Chief Justice of Nigeria and other justices of the
Supreme Court are appointed by the president of the Federal
Republic of Nigeria on the recommendation of the National
Judicial Council subject to confirmation of the appointment by
the Senate. See s. 231(1) and (2)
• To be qualified for appointment to the office of the Chief Justice
of Nigeria or a Justice of the Supreme Court, a person must be
qualified to practice as a legal practitioner and must have been
so qualified for a period of not less than 15 years. See S 231(3),
1999 Constitution.
• There is no requirement of actual experience at the Bench or as
a practicing legal practitioner. However, presently, the practice
is the appointment of persons with experience.
• S 288(1) states that persons learned in Islamic personal law and
customary law should be among the Justices of the Supreme
Court.
• (a) a person shall be deemed to be learned in Islamic personal
law if he is a legal practitioner in Nigeria and has been so
qualified for a period of not less than fifteen years and has
obtained a recognized qualification in Islamic law from an
institution acceptable to the national Judicial Council; and
• (b) a person shall be deemed to be learned in Customary law if
he is a legal practitioner in Nigeria and has been so qualified for
a period of not less than fifteen years and has considerable
knowledge of and experience in the practice of Customary law.
• This diversification is intended to cater for the peculiar needs of
Nigeria as a society with different cultural values and a dual
legal system made up of English law, customary law and Islamic
law.
Jurisdiction
• The Supreme Court is vested with original as well as appellate
jurisdiction.
• The original jurisdiction of the Supreme Court is exclusive and
covers any dispute between the federation and a state or between
states
• Also, the National Assembly has the power to confer additional
original jurisdiction on the court.
• This has been done through the Supreme Court (Additional Original
Jurisdiction) Act 2002 which confers on the Supreme Court
additional jurisdiction with respect to disputes between the
National Assembly and the president or between the National
Assembly and state House of Assembly or between the National
Assembly and a state government.
• The Supreme Court has no power to give mere advisory or
academic opinions however beneficial See Olagbegi v Oba Ogunoye
[1996] 5 N.W.L.R 332
• The Supreme Court has exclusive jurisdiction to determine
appeals from the Court of Appeal. See s 233(1)

• An appeal may either lie to the Supreme Court as of right or

with the leave of the Supreme Court or the Court of Appeal.

• Appeals which lie as of right can be seen in S 233(2).

• In all other cases, an appeal from the decisions of the Court of

Appeal to the Supreme Court must be by leave either of the
Court of Appeal or the Supreme Court.
Constitution
• According to Section 234, the Supreme Court shall be duly
constituted if it consists of not less than five justices of the
court.
• However, the court shall be constituted by seven justices in the
following special cases;

-Where the Court is sitting to consider an appeal on questions as

to the interpretation or application of the constitution
-Where the court is sitting to consider an appeal as regards the
provisions of chapter IV of the Constitution;
-Where the court is sitting to exercise its original jurisdiction in
accordance with the Constitution.
COURT OF APPEAL
• The Constitution provides in sections 237-248 for the Court of
Appeal.
• The Court of Appeal comprises of the president of the Court of
Appeal and such number of Justices of the Court of Appeal not
more than forty-nine as may be prescribed by an Act of the
National Assembly. Section 237(2).
• A person shall not be qualified to hold the office of a justice of
the court of Appeal unless he is qualified to practice as a legal
practitioner in Nigeria and has been so qualified for a period of
not less than twelve years.
• At least three of the justices must be learned in Islamic law and
at least three learned in customary law.
• For the purposes of appointment to the Court of Appeal, a
person is deemed learned in Islamic law if he is a legal
practitioner in Nigeria and has been so qualified for a period of
not less than twelve years and has obtained a recognized
qualification in Islamic Law from an institution acceptable to
the National Judicial Council.
• A person is deemed to be learned in customary law if he is a
legal practitioner in Nigeria and has been so qualified for a
period of not less than twelve years and has in the opinion of
NJC considerable knowledge and expertise in customary law.
Appointments
• The appointment of a person to the office of president of the
Court of Appeal shall be made by the president on the
recommendation of the National Judicial Council subject to
confirmation of such appointment by the senate.
• The appointment of a person to the office of a justice of the
Court of Appeal shall be made by the president on the
recommendation of the National Judicial Council.
Jurisdiction
• The Court of Appeal has both original and appellate jurisdiction.
• It can, under its original exclusive jurisdiction, hear and
determine any question as to whether a person has been
validly elected to the office of president or vice president or the
term of office of such a person has ceased or become vacant.
See section 239(1)
• The appellate jurisdiction of the Court of Appeal is also
exclusive and extends to appeals from the Federal High Court,
High Court of the Federal Capital Territory and of a state, Sharia
Court of Appeal of the Federal Capital Territory and of a state,
Customary Court of Appeal of the Federal Capital Territory and
of a State, Court Martial or other tribunals as may be
prescribed by an Act of National Assembly. See Section 240.
• Appeals from these courts may lie as of right or with leave. See
section 241, 242, 244, 255.

Constitution
• For the purposes of exercising its jurisdiction, original or
appellate, the court of Appeal shall be duly constituted by at
least three justices of that court.
• However, where the appeal is from Sharia Court of Appeal or
Customary Court of Appeal, the Court shall be constituted by
three justices learned in Islamic Personal Law or Customary law
respectively.