JURISDICTION OF COURTS IN NIGERIA

What is Jurisdiction?

Jurisdiction is the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is very important to determine before a lawsuit is filed which court shall the power(jurisdiction) to try the suit.

What gives a court jurisdiction?

Jurisdiction gives a court the power to decide a legal matter. Jurisdiction is the power to exercise authority over persons and things within a territory. In a legal sense, it gives a court the power to hear and decide a case or lawsuit. Jurisdiction is statutory: it is vested in courts by the provision of law. The limits of jurisdiction are prescribed by the constitution or by the enabling statute under which the court is constituted.

Jurisdiction may be extended or restricted by statutory enactments. Section 251 of the constitution of the Federal Republic of Nigeria vests in the courts the powers to try certain types of cases.

The basis of jurisdiction of courts in Nigeria is the Constitution of the Federal Republic of Nigeria, 1999 (as amended).By virtue of the said Constitution, all courts in the Nigeria federation derive their jurisdiction or competence from the constitution. Jurisdiction of the courts is derived from statutes and as a corollary thus no court in Nigeria assumes jurisdiction without its enabling statute.

Jurisdiction cannot be implied and as a result where there is no enabling statute there cannot be jurisdiction. When a court has no jurisdiction, it is a futile exercise for that court to embark on the hearing of a matter.

Jurisdiction is so fundamental that it is a condition precedent to any action which calls for determination before the court. Jurisdiction is usually an important issue in matters before the court and therefore goes to the root of the whole action. Once the issue of jurisdiction is raised during a proceedings before the court, it should be decided at the earliest stage of the proceedings in order to save that time and before the merits of the case are considered and determined.

The ingredients which must be present before the courts can assume jurisdiction have been decided by the courts.

A court is only competent when;

1. It is properly constituted with respect to the members and qualification of its members;
   • The subject matter of the action is within its jurisdiction;
   • The action is initiated by due process of law; and
   • Any condition precedent for the exercise of its jurisdiction has been fulfilled.

Non-compliance with any of the foregoing matter is a defect in competence which may be fatal to its jurisdiction”. In any event where the court lacks jurisdiction, the parties cannot confer and vest jurisdiction to hear and determine an issue before, any step taken in relation to the matter is a nullity and void.

DIFFERENCES BETWEEN JURISDICTION OVER SUBJECT MATTER AND PROCEDURAL JURISDICTION.

There is a clear difference between jurisdiction over subject matter and procedural jurisdiction.

While procedural jurisdiction could be waived by the affected party to the proceedings, that cannot be said of jurisdiction relating to subject-matter. For example, where the wrong procedure was adopted in commencing a suit and no objection to the procedure was timorously raised by the opposing party, the procedure based on such wrong procedure is valid and cannot be overturned on the basis of lack of jurisdiction on the part of the court.

 Directly following this principle is the fact that non-compliance with the rules of court, as against a statutory provision, may not necessarily result in the judgment given being set aside on the basis of absence of jurisdiction.

CREATION OF COURTS

The Constitution creates Federal and State Courts as well as Election Tribunals.

The Federal  Courts are;

1. The Supreme Court,
2. The Court of Appeal,
3. The Federal High court,
4. The High court of federal capital Territory, Abuja,
5. The Sharia Court of Appel of the Federal Capital Territory, Abuja.

The State Courts are:

1. The High Court of the State,
2. The sharia Court of Appeal,
3. The customary Court of Appeal.

The Election Tribunals are:

1. The National Assembly Election Tribunals,
2. The Governorship and Legislative Houses Election Tribunals.

SUPREME COURT OF NIGERIA

Section 230(1) of the 1999 constitution establishes the Supreme Court of Nigeria. It is the highest court in Nigeria and theof last resort. It is situated in the Federal Capital Territory, Abuja.

 The Chief Justice of the Federation who is the head of the judiciary in Nigeria presides over the Supreme Court. The court consists of the Chief Justice of Nigeria and such number of justices not exceeding twenty one as may be prescribed by the National Assembly.

Ordinarily, the court is duly constituted with not less than five justices of the court, except where it is exercising its original jurisdiction or a matter which involves a question of interpretation or application of the constitution or whether any provision relating to Fundamental Rights provisions of the constitution has been, or is likely to be contravened. In this regard, the court is duly constituted if it consists of seven justices of the court.

Original Jurisdiction of the Supreme Court

The Supreme Court has both original and appellate jurisdiction. The original jurisdiction of the Supreme Court is contained in Section 232(1) of the Constitution.

It provides that:

“The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a state or between States if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.”

 Additionally the National Assembly also has the power to confer additional original jurisdiction on the Supreme Court. The constitution precludes the Supreme Court from exercising original jurisdiction with respect to criminal matters. The National Assembly has enacted the Supreme Court (Additional Original jurisdiction) Act, by which additional original jurisdiction was conferred on the Supreme Court.

Section 1 (1) of the Supreme Court (Additional Original jurisdiction) Act, provides that;

“In addition to the jurisdiction conferred upon the Supreme Court by Section 232(1)28 of the Constitution of the Federal Republic of Nigeria, the court shall, to the exclusion of any other court, have original jurisdiction in any dispute (in so far as that dispute involves any question whether of law or fact or in which the existence or extent of a legal right depends) between

1. The National Assembly and the President;
   • The National Assembly and any State House of Assembly; and
   • The National Assembly and the State of the Federation “

APPEALATE JURISDICTION OF THE SUPREME COURT

The appellate jurisdiction of the Supreme Court of Nigeria is asprovided in Section 233(1) of the Constitution. The appellate jurisdiction of the Supreme Court confers on the Supreme Courtexclusive jurisdiction to hear and determine appeals from the Court ofAppeal. An appeal may either lie to the Supreme Court as of right orwith leave of that court or the Court of Appeal.

An appeal shall lie as ofright from decisions of the Court of Appeal to the Supreme Court inthe following cases:

1. Where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal;
   • Decisions in any civil or criminal proceedings on questions as to the interpretation or application of the Constitution;
   • (c) Decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV has been, is being, or is likely to be contravened in relation to any person;
   • Decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death by any other court;
   • Decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death by any other court;
   • Whether any person has been validly elected to the office of President or Vice-President under the constitution;
   • Whether the term of office of President or Vice President has ceased;
   • Whether the office of President or Vice President has become vacant; and
   • Whether any person has been validly elected to the office of the Governor or Deputy Governor under this Constitution;
   • Whether the term of office of a Governor or Deputy Governor has become vacant; and
   • Such other cases as may be prescribed by an Act of the National Assembly

THE COURT OF APPEAL

In the hierarchy of courts in Nigeria, the Court ofAppeal is next on the line after the Supreme Court ofNigeria. The decision of the Court of Appeal is bindingon all other courts below it. The Court of Appeal iscomposed of the President of the Court of Appeal andother justices of the Court of Appeal not being lessthan forty nine.

Jurisdiction of the court of appeal:

Like the SupremeCourt of Nigeria, the Court of Appeal has both originaland appellate jurisdiction. A careful examination of theconstitutional provisions conferring jurisdiction on theCourt of Appeal will reveal that the Court of Appeal isprimarily a court of appellate jurisdiction. The originaljurisdiction of the Court of Appeal is essentiallylimited to election petition matters.

Original Jurisdiction of the Court of Appeal:

 Section 239(1) ofthe Constitution provides for the original jurisdiction of the

Court of Appeal. By the provisions of that section the court ofAppeal has exclusive original jurisdiction to hear and determineany question as to whether –

1. Any person has been validlyelected to the office of President or Vice President under theConstitution; or,
   1. The term of office of the President or VicePresident has ceased; or,
   1. The office of President or VicePresident has become vacant.

APPELLATE JURISDICTION OF THE COURT OF APPEAL:

 Section 240 of the1999 Constitution provides for the appellate jurisdiction of theCourt of Appeal. By that section the Court of Appeal hasexclusive jurisdiction to hear and determine appeals from the:

1. Federal High Court
2. The High Court of The Federal Capital Territory, Abuja
3. The High Court of a State
4. The Sharia Court of Appeal of the Federal Capital Territory, Abuja
5. The Sharia Court of Appeal of a State
6. The Customary Court of Appeal of the Federal Capital Territory, Abuja
7. The Customary Court of Appeal of a State; and,
8. A Court Martial or other tribunals as may be prescribed by an Act of the National Assembly

APPEALS FROM SHARIA COURT OF APPEAL:

 By Section 244 (1) ofthe Constitution appeals lie as of right from decisions of aSharia Court of Appeal to the Court of Appeal in civilproceedings with respect to any question of Islamic personallaw which the Sharia Court of Appeal is competent to decide.

This right of appeal is exerciser:

1. At the instance of a party thereto or, with the leave of theSharia Court of Appeal or of the Court of Appeal, at theinstance of any other person having an interest in thematter, and,
   1. In accordance with an Act of the National Assembly andrules of court for the time being in force regulating thepowers, practice and procedure of the Court of Appeal.

APPEALS FROM CUSTOMARY COURT OF APPEAL:

By section245 (1) and (2) of the Constitution appeals lie as of rightfrom decisions of a Customary Court of Appeal to the Courtof Appeal in civil proceedings with respect to any question of customarylaw and such other matters as may be prescribed and such other mattersas may be prescribed by an Act of the National Assembly.

Such right ofappeal is exercisable:

1. At the instance of a party thereto, or with the leave of the customarycourt of appeal or of the court of appeal, at the instance of any otherpersonhaving an interest in the matter; and,
   • In accordance with an Act of the National Assembly and rules ofcourt for the time being in force regulating the powers, practice andprocedure of the court of appeal

APPEALS FROM THE CODE OF CONDUCT TRIBUNAL:

 By section 246(1) of the1999 constitution appeals lie as of right to the Court of Appeal fromdecisions of the Code of Conduct Tribunal established in the FifthSchedule to the Constitution.

Similarly, appeals lie as of right fromdecisions of the National Assembly Election Tribunals and Governorshipand Legislative Houses Election Tribunals on any question as to whether;

1. Any person has been validly elected as a member of the NationalAssembly or of a House of Assembly of a State under the Constitution;
   •  Any person has been validly elected to the office of Governor orDeputy Governor; or,
   • The term of office of any person has ceased orthe seat of any such person has become vacant

Section 246(2) of the Constitution empowers the NationalAssembly to confer jurisdiction upon the Court of Appeal todetermine appeals from any decision of any other court oflaw or tribunal established by the National Assembly.

Section 246(1) and (3) of the 1999 Constitution thedecisions of the Court of Appeal in respect of appealsarising from election petitions are final.

The Court of Appeal for administrative purposes dividedinto judicial divisions each presided over by a PresidingJustice. However, the law recognizes only one Court ofAppeal and decisions of any of the judicial divisions aretreated as decisions of the court. For administrativeconvenience, the court is divided into judicial divisions,which sit in various parts of the country, namely, Abuja,Lagos, Enugu, Kaduna, Ibadan, Benin, Jos, Calabar, Ilorin,Port Harcourt, Owerri, Sokoto, Yola, Ekiti, Akure andMakurdi.

THE  HIGH COURT:

 There is a Federal High Court ineach state of the Federation and the Federal CapitalTerritory. Each is made up of a Chief Judge and such othernumber of judges as the State House of Assembly or theNational Assembly (in the case of High Court of the FederalCapital Territory) may prescribe. The High Court of thevarious states have original jurisdiction over civil andcriminal matters except matters in respect of which anycourt has been vested with exclusive jurisdiction, makingthem the court with the widest jurisdiction under theconstitution. The court is duly constituted with one judge.

Each High court is divided into judicial divisions foradministrative convenience.

THE NATIONAL INDUSTRIAL COURT OF NIGERIA:

Section 254A of the 1999 Constitution established the National industrial court. The National Industrial Court consists of the president and such number of Judges as may be prescribed by an Act of the National Assembly.