Jurisdiction of the court is a popular exam question, so know it and know it well because subsequent questions in a problem question are usually built on jurisdiction.

 

What is jurisdiction?

This is authority/ power of the court to deal with or hear or adjudicate over matters. Not all courts have power to sit on every matter; the enabling act or statute creating a court dictates the scope of its powers and gives it the power to preside over some specific matters.

Jurisdiction can be interpreted in different senses:

1. Limited or unlimited – when you say a court has limited jurisdiction it means it has the power to adjudicate over certain matters but it does not cover every subject matter, so it is restricted to certain subject matters. Unlimited means it can adjudicate over every matter before it. No court in Nigeria today has unlimited jurisdiction, formerly the state high court had unlimited jurisdiction but this has changed and now all courts have limited jurisdictions.
2. Constitutive jurisdiction – this refers to the number of judges that is required to preside over a matter. In the high court there is usually 1 judge while in some courts there has to be a constitution of 3/ 7. In such courts where the constitution is not reached the decision is null and void
3. Territorial/ geographical. See Ogbuanyinya v okudo (1979) 6-9 S.C. p.32 - here a particular judge in the old eastern Nigeria was elevated to the superior court, it was held that so long his elevation and his name had been announced, he didn’t have any power to hear any matter in the state high court. Some courts jurisdiction is limited to theirterritories, so they are restricted to actions that take place where the cause of action occurred. E.g. Lagos state high court can only hear matters where the action arises in Lagos. If the matter arises in another state but is heard in Lagos, the decision will be null and void.
4. Divisional Jurisdiction: this means that you have a particular court but for administrative convenience that court is now divided into different divisions. It is still the same court but for easy access to justice by parties it is divided into different divisions so they can go to any division to institute the action. It doesn’t nullify the action. Judicial divisions are only for administrative convenience, it would not nullify the suit
5. Procedural and substantive/ subject matter jurisdiction - jurisdiction can also be procedural or substantive in the sense that you must comply with the procedure laid down for the commencement of actions. It can also be substantive jurisdiction; this means the subject matter over which the court can adjudicate. If a court does not have subject matter jurisdiction, the decision is null and void – McFoy v UAC.So an action for breach of contract needs to be taken to the proper court. Where a person fails to comply with procedural jurisdiction it may not vitiate the proceeding if the other party waives his right to object to the commencement of that proceeding. However a failure to comply with subject matter jurisdiction – so where a person has failed to institute a cause of action in the right court– will vitiate the entire proceedings even if the other party doesn’t object. The law is that the two parties cannot connive to give the court a jurisdiction that it doesn’t have.

• Non-compliance with procedural jurisdiction. See Mobil v LASEPA (2003) FWLR (Pt.137) p.1029
• Non- compliance with substantive/ subject matter jurisdiction. SeeAgu v Odofin (1992) 3 SCNJ p.161

Jurisdiction goes to the root of the matter and any act done without jurisdiction will be null.Any decision taken will be null and void where the court lacks jurisdiction

 

Because of the importance of jurisdiction an objection may be raised about jurisdiction at any stage Ogunsanya v Dada (1990) 6 NWLR  (pt 156) p 347, even after judgment is given and once the issue of jurisdiction is made the court must stop what its doing because jurisdiction goes to the root of the matter.

The issue of jurisdiction can be raised for the first time on appeal.

Need to seek leave of court when raising it on appeal for the first time OSHATOBA V OLUJITAN(2000) 2 SCNJ p.159 – However you must note that where issue of jurisdiction is raised for the first time on appeal there is need to seek leave of court.

Can also be raised by the court suomotu. SeeOgunsanya v dada supra;Eze v okechukwu (1998) 5 NWLR pt 548 p.43. So the court can decide on its own that it doesn’t have jurisdiction.

 

It has held in MADUKOLU V NKEMDILIM (1962) that before a court can exercise jurisdiction over a matter there must be some conditions that have to be fulfilled:

1. The subject matter of the case must be within the jurisdiction of the court
2. There is no feature in thecase which prevent the court from exercising its jurisdiction. So the case must be properly before the court. - Duly constituted as to number and qualification
3. The case came before the court initiated by thedue process of the law upon fulfilment of any condition precedent. See MADUKOLU V NKEMDILIM (1962) 1 all NLR P 587; AGU V ODOFIN (1992) 3 SCNJ P.161

 

Hierarchy of court

In Nigeria the courts are created by hierarchy. See s.6 of the 1999 constitution.

 

Which courts are superior courts? These are courts that created by the constitution e.g. sharia court of appeal, Supreme Court.

 

What is the hierarchy of the superior courts? This is in s6. The Supreme Court is the apex Court and all appeals stop there.

 

Which ones are courts of co-ordinate jurisdictions? These are courts that are on the same level, having equal powers. It doesn’t mean they have the same jurisdiction. The doctrine of stare decisis doesn’t apply because their decisions are not binding on each other

 

Which are the inferior courts? These are courts that not created under the constitution e.g. area courts, district courts, and magistrate court.  Magistrate courts are inferior courts however they are courts of record because they keep record. Courts of record are courts that keep record of their proceedings.

 

THE SUPREME COURT

• Establishment s.230(1) CFRN – this is the enabling act
• General composition of the court – s 230(2) const. the general composition is different from the courts constitution over specific matters. General composition means the total number. So the CJN and any such number not exceeding 21. Note that for MCQ you pick the answer closest and most accurate. So if you see chief judge and 21 others that is wrong, its chief justice
• Constitution of the court over specific matters – s 234, where the court is considering an appeal based on the interpretation of the constitution, matters on enforcement of fundamental human rights and when its sitting in its original jurisdictions, there must be seven justices.
• Appointment of justices – s 231(1) and (2). Note all the appointment and qualification of the court justices for MCQ.
• Qualification for appointment. s 231(3) – Must be a legal practitioner with at least 15 years standing at the bar.
• Removal of justices from of Supreme Court see s.292 – he who has the power of appointment has power of removal.

Note: don’t mistake general composition with constitution of the court

Jurisdiction of SupremeCourt

Original & Appellate Jurisdiction

Original Jurisdiction – s 232 in the following matters

• Between the federal government and a state/states
• Between states. SeeAG federation v AG Imo state 1982 12 SC p.274 – here the AG Imo instituted an action in the SCsaying that some people in the state were barred fromwritingtheir names in the voters list saying the federal government is breaching the fundamental rights of the state, however the court held that the SC cannot exercise it OJ because the cause of action has not affected the state but only the citizens of the state and because of this they cannot sit as the court of first instance. Compare with the case of AG federation v AG Abia state2002 4 S.C (pt.1) p.1 @ 68-69 – the case on distribution of revenue allocation, the court held that yes they can validly sit in their OJ because the cause of action which is revenue allocation affected the state as state not citizens of state;AG Lagos v AG federation 2004 122 LRCN p.5042 – here Obasanjo seized the revenue of Lagos state because they created some local government councils which he said they should not create, they refused. Lagos state went to the SC stating that the FG had no right to seize their allocation because the power to create local councils is of the state and not the federal government, the SC held that it was a causeof action of the state ands so was properly instituted at the SC

Before the SC can exercise its original Jurisdiction between the fed government and a state or a state and a state that matter must have affected the federal government personally oraffected the state as a sovereign sate. It must affect the federal government as the federal government not citizens of Nigeria,andaffect the state as a state not citizens of the sate.

• Additional Original Jurisdiction has also been given to the SC in any disputes between:

1. NA and president
2. NA and any state house of assembly;

• NA and any state of the federation. see s1(1) SC (additional OJ) Act Cap s.16 Vol.14 LFN 2004

 

Before a matter can go to the Supreme Court under the SC additional OJ some conditions must be fulfilled either by the NA or state house of assembly:

• A resolution passed by bothhouses of the NA by a simple majority of the members of each house present & voting at thetime of the resolution
• Resolution passed by a simple majority of the members of the house of assembly present and voting at the time of the resolution. See s.2 Supreme Court (additional Original Jurisdiction) Act 2004

If these two conditions are not fulfilled the action cannot be sustained.

The Supreme Court cannot exercise it original jurisdiction over any other person not stated under the constitution or statute. AG Ondo v AG Federal &ors 9183 2 SCNLR p.269.So if someone else is added to the case as a second defendant the matter can no longer be instituted at the Supreme Court, the matter will then go to the other appropriate court. The matter has to be one strictly between the two parties for the Supreme Court to exercise its original jurisdiction.

 

Appellate Jurisdiction of the SC– s.233(1) of constitution

• Hears appeals from decisions of the court of appeal. See Olanbanji v Omokewu 1996 2 SCNJ p.242 @ 248; Alao v A.C.B ltd 2000 6 S.C (pt 1) p.27 @ 41
• Appeal can be as of right or with leave. With leave means the party has to seek the permission of the court before they can appeal.

 

 

Constitution of the SC when hearing matters:

• General appellate Jurisdiction is 5 justices in ordinary appellate matters
• In special circumstances is 7 justices: 1) this is when its exercising any of its original jurisdiction, 2) When it is hearing appeals regarding matters on the interpretation of the constitution, 3) When it is hearing any matter on appeal on enforcement of fundamental human rights.

 

Finality of the decision of the SC , s235 , Adigun v AG Oyo state 1987 2 NWLR (PT.56) P.197 @ 214 – it was held in the case that it is the SC alone that has the constitutional powers to sit on appeal over judgment of the CA. It further said that the decision of the SC is final , final in the sense of real finality, it is final forever unless there is a legislation over the matter. It is final adominuim

 

COURT OF APPEAL

Establishment – s237 (1)

General composition of CA – s 237 (2), president of the court and such number of justices not less than 49

Appointment of justices of CA - .s 238(1) &(2), the justices of CoA are appointed by the president on recommendation of the NJC. It is only the appointment of the president of the CoA that is subject to confirmation by the Senate.

Qualification for appointment – s 238(3) 12 years post call

Removal of justices of CA .s 292 (1)

Jurisdiction of the court of appeal – it has both OJ and AJ

Original jurisdiction – s 239 (1)

1. When hearing election petition matters on whether any person has been validly elected to the office of president or vice president; or
2. Whether the term of office of such persons has ceased; or

• Whether the office has become vacant

Appellate jurisdiction of court of appeal

1. Hears appeals from lower courts and decisions of a court martial or other tribunal – see s 240

- Includeall matters from the NIC. See Skye bank plc v Victor AnaemenIwu Appeal No. SC/885/2014. (2017) SC decision

Before now under the NIC act before the NIC was created as a superior court under the constitution. It was established under the NIC act and it was expressly stated there that any matter at the court would not be subject to appeal except matters that had to do with fundamental right, however in the recent decision of the above case it was settled that the court of appeal can hear appeals from the NIC

All appeals from the NIC can go to court of appeal. Appeals from NIC to Court of Appeal is final. It can’t go to the Supreme Court

1. Hears appeals from the decisions of code of conduct Tribunal, NA and state houses of assembly election tribunals and governorship election tribunals. Sees246(1)

 

Constitution of the court when exercising its OJ and appellate:-

• Not less than 3 justices of the court s 239(2) &s.247(1), when hearing matters relating to sharia or customary law the three justices must be versed in sharia or customary law respectively
• Note: qualification of 3 justices in appeals from sharia court of appeal and customary court of appeal. S 247 (1)(a) and (b)
• Appeal can be as of right or with leave s. 241(1) & (2)

 

Finality of courts of appeal’s decision:

1. The decisions of the court of appeal on appeals arising from the national and state house of assembly election tribunal s 246(3) as amended by 2^nd alteration
2. Appeals from decisions of the NIC on any civil proceedings s243 (4) as amended by the 3^rd alteration

 

FEDERAL HIGH COURT

Establishment – s 249 (1)

General composition – s 249 (2)

Constitution of the court over specific matters – s 253

Appointment of judges – s 250 (1) and (2). Only the appointment of the chief judge of the Federal High Court will be subject to confirmation by the senate. The rest are just on recommendation of the NJC

Qualification for appointment – s 250 (3)

Removal of judges – s.292 (1)

Courts of co-ordinate jurisdiction with state high court. 252(1)

See s251 of the 1999 constitution

Jurisdiction of the Federal High Court

It was created as a specialised court with Jurisdiction prescribed under s7(1) of fed high court act 1973. It was created as a federal revenue court.

Had exclusive Jurisdiction over specified matters namely:

• Relating to the revenue of the government of the federation
• Banking, foreign exchange, currency or other fiscal measures
• Mattersrelating to the operations of company’s act (CAMA)
• Relating to copyrights, patents,designs, trademarks and merchandise marks.
• Admiralty matters

However under the 1979 constitution the state high courts were given unlimited jurisdiction

Note: conflict between the exclusive Jurisdiction of Federal High Court under s.7&8 Federal High Court act  & s.230 (1) 1979 constitution unlimitedjurisdiction

Jammal steel structure ltd ACB ltd (1973) 1 All NLR (pt 2)it was a case of overdraft facility given by the bank to the company, the company failed to pay, the bank went to the state high court to institute an action, the defendants brought an objection saying the state high court has no jurisdiction,the. On appeal it was held that the state high court had Jurisdiction because it was a case of banker-customer relationship

ShugarbaDamma case - it was to determine his citizenship. The other party said that the issue of citizenship is in the exclusive legislative list and as such the Federal High Court should have jurisdiction but the state high court hadunlimited Jurisdiction

Savannah bank Nig ltd v pan Atlantic shipping co ltd (1987) 1 NWLR  (pt 49) p.212  – this was purely an admiralty matter and at that time admiralty matters were under the executive jurisdiction of theFederal High Court the plaintiff instituted the matter at the High Court, an objection was brought saying the matter should have been instituted at the Federal High Court. It went on appeal, the SC said that yes its an admiralty matter but the state high court has unlimited jurisdiction

Controversy resolved by the federal military governments promulgation of decree 107 of 1993, which amended s.230 of the 1979constitution. S 230(1) says that notwithstanding anything to the contrary the Federal High Court would have exclusive jurisdiction over those maters and they added more matters

decree also clarified issue of banking matters

Only banking fiscal measures (e.g. legislations orders, regulations relating to banking), foreign exchange, coinage, legal tender, bills of exchange will be under the exclusive jurisdiction of the Federal High Court, but will not involve banker/customer relationship.

Decree 107 added some more subject matters to the exclusive jurisdiction of Federal High Court which are now reproducedunders.251(1) (a)-(r) , 1999 const. 

vis a vis Jurisdiction of the state high court 

 

Disputes on banker/customer relationship, loan transactions under s 251(d) 1999 const.

• NDIC v OkemEnterp.Ltd (2004) 10 NWLR (PT.880) P. 107 S.C held that in banker/customer matters, both Federal High Court and State High Court shall have concurrent jurisdiction
• Banker/customer relationship between 2 banks. See FMBN v NDIC (1999) 2 NWLR (pt.591) p.333 a bank can be a customer of another bank. In ordinary business of banker/customer relationship where a bank is customer of another bank the Federal High Court and state high court still have concurrent jurisdiction over that matter.E.g. where a bank is suing another bank on behalf of a customer it is still concurrent. **Societe general bank v Delluche – when its no longer ordinary course of business bank relationship its within the exclusive jurisdiction of the Federal High Court e.g. negligence. Also where CBN is suing another bank it is still within the exclusive jurisdiction of the Federal High court.
• Banking policies, fiscal measures, foreign exchange, coinage, legal tender, laws on banking, will be in exclusive jurisdiction of Federal High Court under S.251(1)(d) const.

 

S 251 (1)(d) In NDIC v Okem, the court has interpreted that that proviso (the paragraph that starts with ‘provided’)means that both the Federal High Court and state high court has concurrent jurisdiction in customer-banker relationship – note that if it comes in an exam question you’d say any of the two. But if it’s a purely fiscal transaction or coinages and legal tenders then it falls within the exclusive jurisdiction of the Federal High Court.

 

Matters affecting federal government or any of its agencies or parastatals under s 251(p, q &r) 1999 constitution.

Supreme court first interpreted the above provisions in NEPA v Edegbero (2002) 12 SC (pt.2) p.119 where it held that the Federal High Courtwill have exclusive jurisdictionin all matters where the Federal Government or any of its agencies is a party in the action, notwithstanding the nature of the claim or cause of action.

The case was on unlawful termination of employment of a staff at NEPA, at this point there was no NIC.

It held further that factors to consider in determining which court will have jurisdiction is both the parties to the dispute as wellas the subject matter of the dispute.

Subsequently

Compare the latercase of Onuorahv KRPC Ltd 2005 6 NWLR pt 921 – here the person entered into a contract of supply with the Kadunarefinery ,hehad paid some amount of money stipulated howeverKaduna refinery refused to supply only to later say that the price of the empty barrels haveincreased from what they should be. Onuroah said no they can’t increase the price after they entered into a contract,

The SC held that where dispute involves a person and federal government or its agencies & it is on simple contract, fed. High court will not have jurisdiction but the State High Court.  See also Adelekan v Eculine NV (2016) 12 NWLR.

What determines the court is the claims, subject matter, reliefs they’re seeking, if it’snot within the Exclusive Jurisdiction of the Federal High Court then it has to go to the State High Court.

Held further that the factor to consider will be the claims, the subject matter in dispute or relief which are the factors that willgive jurisdiction of the court and not simply the parties to the decision. NIMR v Akin Olugbade

 

Admiralty Jurisdiction:

Scope of the admiralty jurisdiction was not stated under s7 Federal High Court Act 1973

In American Int. Ins. Co v Ceekay traders (1981) 5 Sc p.1 – held that the Federal High Court has power…..

 

Note: all these subject matters have now been enacted into law in Nigeria by virtue of s 2 Admiralty Jurisdiction act cap. A5 LFN 2004

Note the additional subject matter under Admiralty Jurisdiction act.

Note the territorial jurisdiction of Federal High Court is federal in nature and covers the whole federation. See M.K.O abiola v Federal republic of Nigeria (1995) 3 NWLR (pt 382) p 203 @ 231 where it was held that although MKO abiola committed treason in Lagos state which is under the jurisdiction of the Federal High Court, rather than instituting the action in Lagos the action was instituted at Federal High Court Abuja. The SC held that there is only one Federal High Court and matter can be instituted anywhere, the divisions are only there for administrative convenience.

 

Power of the Federal High Court to transfer matters

Where a matter has been wrongly filed at the Federal High Court the court must not strike out the matter rather the court should transfer the matter to the appropriate state high court. What gives the court the power to transfer any matter is the statute creating the court or the enabling act, so where the statute has not given the court power to transfer the matter the court cannot transfer the matter , see s.22 (2) Federal High Court act; Mokelu v Fed Comm. for works and housing (1976), AMC V NPA

The Federal High Court can also transfer matters to magistrate court s26 Federal High Court act

 

High courts of FCT and states

Establishment of State High Court:

• S 255(1) 1999 const. establishes the High Court of FCT, Abuja
• 270(1) establishes State High Court for each state of the federation
• General composition – s 255(2) and s 270(2)
• Constitution of the courts over specific matters – s 258 and 273
• Appointment of judges – s 256(1) and (2), 271(1) &(2)

 

Qualification for appointment:

• A legal practitioner for at least 10 years 256

 

Removal

 

Jurisdiction of High Court of FCT and the states

• State high court and high courts of the FCTare restricted to their territories
• They are divided into judicial divisions

 

Decree 107  the unlimited jurisdiction of the state high court. Presently under s 257(1) and s272(1) the state high court no longer has unlimited jurisdiction

• Thesesections of the constitution subjects the state high court’s jurisdiction to that of the Federal High Courtand other provisions of the constitution
• State high court has exclusive jurisdiction over land in urban areas and concurrent jurisdiction with customary courts and area courts or land in rural area. Seeoyenitran v egbetola (1997) 5 SCNJ p 94 102
• It is the claim of the plaintiff that will determine which court has jurisdiction see Akinfolarin v Akinola (1994) 4 SCNJ
• State high court has both original jurisdiction and appellate jurisdiction.

 

Original jurisdiction is exercised when it is sitting as a court of first instance

Appellate jurisdiction is when it is hearing appeals from lower courts

Supervisory jurisdiction is when it is exercising its prerogative order over lower and inferior court, and executive organ of government

Note that High Court has powers over case stated from magistrate courts. See s 295, 1999 constitution. Case stated means that crucial point of law has been raised before a magistrate and the magistrate feels that the point of law is too crucialand cant make such decisions, he then sends it to the High Courtfor the High Court to determine the issue of law, after the High Court gives his opinion, he will send the matter back to the magistrate and the magistrate will be bound by it and decide the case. But where the High Court feels it can’t make a decision on the law, it can state the case to the CA who will then determine it and refer the case back.

 

Power of state high court to transfer cases:

• Power to transfer matters wrongly filed must be expressly given to the court either by the statute creating it or its rules. The High court doesn’t have any power to transfer cases wrongly filed before it because it’s enabling act doesn’t give it such power so where a matterhas been wrongly filed before it, it has to strike the matter out.
• Under the High Court rules, state high court have no power to transfer any matter wrongly filed. See order 22 rule 2 Lagos; order 22 rule 3 Abuja ; or
• Appropriate step is to strike out the action see A.M.C v N.P.A.

Note: s 22(3) Federal High Court act which purports to give the state high court power to transfer cases is null and void to the extent of it’s inconsistency with s4(6) & (7) 1999 const. which gives the house of assembly of a state the powers to make law for the state see Fasakin foods v Shosanya (2006) (because you cant legislate for the state high court )

However order 32 rule1 Abuja - power given to a judge to transfer matters to any court of competent jurisdiction

 

NATIONAL INDUSTRIAL COURT

• Establishment – s 254A (1)
• General composition – s 254A(2)
• Constitution of the court over specific matters – a single judge or not more than 3 judges. see s254E constitution; see also s.21 (4) &(5) NICA 2006
• Appointment of judges – 254 B (1) & (2)
• Qualification for appointment – s. 254 B (3) & (4)
• Removal of judges - s.292(1)

 

Jurisdiction of court

Exclusive jurisdiction in the following matters s 254C :

• Relating to labour, employment, trade unions, industrialrelations, workplace matters, conditions of service, welfare of staff and matters incidental thereto
• Relating to any act or law relating to labour, employment,industrial relations e.tc or interpretation of any collective assignment, award of tribunal
• Grant of orders to restrain any personfrom taking part instrike, lock out or any industrial action and matters connected therewith
• Relating to dispute on the interpretation & application Chapter IV of the 1999 constitution as it relates to employment, labour, industrial relations, trade unionism, employer’s association
• Relating to dispute arising from national minimum wage;
• Dispute arising from discrimination or sexual harassment at workplace
• Connected with child labour, child abuse, human trafficking and any matters connected thereto. S. 254C (1) constitution

 

Appellate jurisdiction

• From decisions of registrar of trade unions and from decisions or recommendations of any administrative body or commission of enquiry arising from or connected with labour, employment, trade unions or industrial actions S254 C (l)
• Supervisory powers over an arbitral tribunal commission
• 254C(3) –(4)

 

Powers to transfer cases

S 24(2) NICA empowers them to transfer cases that have been wrongly filed before them. They shouldn’t strike it out but rather transfer it to the appropriate court. See order 28 rule 2 NIC rules 2007.

 

MAGISTRATE COURTS

• Establishment are established by the house of assembly of the various states, magistrate courts of the FCT are established y the NA .s 6 (4) 1999 constitution, see also s 2 mag. Court laws, laws of Lagos state 2009
• There is just one magisterial court but they are divide into magisterial districtss1 .mag. Court laws
• Constitution over specific matters – one magistrate
• Appointment – by the judicial service commission s4 MCL
• Qualification – cannot be less than 5 years post call
• Removal – by the JSC. see 10 MCL lag.

 

Jurisdiction

• General Jurisdiction - Jurisdiction throughout the state s.11 & 12 MCL , lag, 2009
• Civil Jurisdiction – see s28(1)&(2) MCL Lagos
• Limit to monetary Jurisdiction s 28(1) &(2) MCL , Lagos. There’s a limit itcannot go above. Where the money involved is 10 million and below then they can exercise Jurisdiction. 5 million in Abuja, 10 million in Lagos.

Matters over which it cannot exercise original Jurisdiction:

1. Title to any interest in land
2. Validity of any devise, bequest or limitation under any will or settlement. s.28(7) BCL

 

Power to transfer

A magistrate may at any time before final judgment transfer a matter before him to another magistrate or the high court. S 43 MCL

A matter already commenced by a magistrate may be completed by anothermagistrate but the trial of the matter must start de novo. S.43

 

SHARIA COURT OF APPEAL

• Establishment: For FCT, Abuja – s. 260(1) const. it is compulsory for FCT, but for any state that requires it, it can also be established – s . 275(1) const
• General composition: consists of grand Kadi and such number of kadis s 260(2) & 275(2)
• Constitution over specific matters: s 263 and 278 constitution provide that at least 3 kadi’s of the court
• Appointment: in Abuja – by the president, recommendation of NJC s 261 (1&2), in the states – s276 (1&2)
• Qualification: it is either of two ways

1. A legal practitioner in Nigeria, not less than 10 years at the bar& has obtained a recognised qualification in Islamic law from an institution acceptable to the NJC ; or
2. Has attended and obtained a recognised qualification in Islamic law from an institution approved by the NJC and has held the qualification for a period of not less than a12 years in case of Abuja and for 10 years in the case of a state. s.261(3) & 276(3)

in addition to (b) above he must either have considerable experience in practice of Islamic law or be distinguished scholar of Islamic law

 

Jurisdiction

It has both appellate and supervisory Jurisdiction, but they are in civil actions that have to deal with Islamicpersonallaw.

1. Regarding a marriageconcluded in accordance with Islamic personal law or where all the parties are muslim/’ and family relationship or guardianship of an infant;
2. Regarding wakf, gift, will or succession where the endower/donor is aMuslim;
3. Regarding an infant, prodigal or person of unsound mind, guardianship of the physicallyor mentally infirmedMuslim
4. Where all the parties to the proceedings are Muslim and have requested the court to determine the case in accordance with Islamic personal law .s.262& 277 const

cant hear matters that is not on Islamic personal law or parties are not Muslims. See Garba v Dongoyaro  1991 1 NWLR pt.165 p.102; Safiyakorau v Baziakorau

 

CUSTOMARY COURT OF APPEAL

• ESTABLISHMENT: as a matter of compulsion it is established for the FCT s 265(1) and it can be established for any state that requires it s 280(1)
• General composition: comprise the president of the court of ss2
• Constitution over specific matter: at least 3 judges s 268 & 283
• Appointment of judges: Abuja – s 266(1&2). State – by governor, on recommendation to NJC, but appointment of president is subject to the confirmation of the house of assembly of the state(s 281(1&2) )
• Qualification for appointment:

1. A legal practitioner of not less than 10 years and in the opinion of the NJC he has considerable knowledge & experience in the practice of customary law
2. In the opinion of NJC he has considerable knowledge & experience in the practice of customary law s 266(3) and s 281(3)

 

Jurisdiction

Appellate and supervisory jurisdiction in civil proceedings S 267 & 282 const. see Usman v Umar (1992) 7 NWLR  9pt 254) p 377 @ 400

 

ELECTION TRIBUNALS

1. National and state houses of assembly election tribunals

• Established for the FCT and each sate – s 285 (1) constitution, 2^nd alteration

2. Governorship election tribunal

• Established for each sate – s285(2)

General composition: a chairman who shall be a judge of the High Court and two other member   6^th schedule of the constitution

Constitution over specific maters: chairman and one other member will form a quorum .s 285(4) as amended

Appointment: by the president of the Court of Appeal in consultation with the CJ of the state ,Grand Kadi of the sharia court of appeal of state, or president of the customary Court of Appeal of the state. S 1 (3) & s.2 (3) 6^th schedule

Qualification for appointment:

• The chairman shall be a judge of the High Court
• The 2 other member shall be appointed from among judges of high court, kadis of Sharia Court Appeal, judges of Customary Court of Appeal or other members of the judiciary not below the rank of a chief magistrate s1(2) 6 schedule

Removal: by president or governor as the case may be on recommendation of the NJC. S 292 (1)(b) const.

 

Jurisdiction of national assembly and state houses of assembly tribunal;

Exclusive Original Jurisdiction over where:

1. A person has been validly elected as a member of the National Assembly; or
2. A person has been validly elected as a member of the House of Assembly of a state. s285 (1)(a) & (b)

 

Jurisdiction of governorship election tribunal

Exclusive Original Jurisdiction over any person has been validly elected to the office of Governor or deputy governor of a state S 285(2)

 

ECOWAS COMMUNTIY COURT OF JUSTICE

Establishment under Articles 6 & 15 revised ECOWAS treaty 1993

Court sits in Abuja, Nigeria

General composition of the court:

• 7 independent judges, no 2 of whom shall be nationals of the same state. Art 3 of protocol

Constitution over specific matters:

• The president of the court and at least 2 judges
• Any panel siting shall comprise of an uneven number. Art 14(2) protocol

Appointment of judges:

• by the authority of the head of states of government from a list of not more than 2 persons nominated by each member state on recommendation of the community judicial council
• For a 4 year term of office

 

JURISDICTION OF ECOWAS COURT

Initially only member states could institute proceedings in court. From 2005 till date individuals, natural persons can now institute actions in the court. See OlajideAfolabi v Federal Republic of Nigeria

 

The Jurisdiction is both advisory and contentious in nature

Advisory Jurisdiction: court gives legal advisory opinion on any matter that requires interpretation of the community instruments and agreements

Contentious Jurisdiction:

• Determine failure of member states to honour their obligations under the community law
• Adjudicate on any dispute relating to the interpretation & application of the treaty, conventions and protocols of the community
• Adjudicate in disputes between institution of the community and their official
• Handle case dealing with liability for or against the community
• Determine cases of violation of human right that occur in any member state
• Make declaration of the legality of regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS
• When carry out arbitration in proceedings pending an arbitral tribunal. Art 9 protocol and Art 3 supplementary protocol

 

Who has a right of access to the court?

1. Member states
2. Organs of the community (i.e. members states, council of ministers of the community and the commission)
3. Individual and corporate bodies
4. Staff of any ECOWAS institutions
5. Individual victims of human rights abuse occurring in any member state
6. National courts of parties to case where they want the ECOWAS court to interpret the meaning of any legal instrument of the community
7. The authority of heads of states and government. Art10 protocol and 4 supp protocol.