Court Structures and Statutes in Nigeria

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Questions and Answers

What does the term 'Statutes Creating Courts' refer to?

Constitutional amendments that modify existing court structures.

Rules enacted by courts to govern their internal affairs.

Laws that establish a new judicial authority and its procedures. (correct)

International treaties that influence national court systems.

Which section of the CFRN allows for the making of procedural rules by the Chief Justice?

S46 (correct)

S8(2)

S25

In a conflict between procedural rules and statutes, which is typically favored?

The Judicial Committee's recommendations.

The statutory provisions. (correct)

The most recent legislation.

The courts' procedural rules.

Which of the following acts provides for the procedure for filing a notice of appeal?

S25 CA Act. Signup and view all the answers

Which of the following courts does not relate to the Sharia Court of Appeal?

Customary Court of Appeal. Signup and view all the answers

What type of matters do specialized statutes address in civil litigation?

Specific procedural aspects not covered by court rules. Signup and view all the answers

Which document serves as the enabling law for some procedural rules in Nigerian courts?

Constitution of the Federal Republic of Nigeria. Signup and view all the answers

The Sheriffs and Civil Process Act is applicable to whom?

The whole federation excluding local courts. Signup and view all the answers

What is the maximum monetary claim that the Magistrate Court has jurisdiction to award?

N10 million Signup and view all the answers

Which of the following matters is outside the jurisdiction of the Magistrate Court?

Title or interest in land Signup and view all the answers

Which entity typically appoints magistrates in the State?

State Judicial Service Commission Signup and view all the answers

What type of injunctions can the Magistrate Court impose as part of its jurisdiction?

Sanitation-related injunctions Signup and view all the answers

In Lagos State, how many magistrates are required to constitute the Magistrate Court?

One magistrate Signup and view all the answers

Which of the following actions falls under the jurisdiction of the Magistrate Court?

Recovery of premises Signup and view all the answers

What is the process for transferring cases between magisterial districts?

With consent of the receiving magistrate or by the Chief Judge's order Signup and view all the answers

Which of the following jurisdictions is conferred upon the National Industrial Court?

Jurisdiction related to labor laws and arbitral awards Signup and view all the answers

What is the primary role of a mediator in the mediation process?

To facilitate discussion and help the parties reach a settlement Signup and view all the answers

During which stage of mediation is the venue and mediator's fees typically addressed?

Preparation Stage Signup and view all the answers

What is meant by BATNA and WATNA in the context of mediation?

Best Alternative to a Negotiated Agreement and Worst Alternative to a Negotiated Agreement Signup and view all the answers

What is one of the main advantages of mediation?

It facilitates communication and helps break deadlocks Signup and view all the answers

What occurs during the Identification and Structural Discussion of issues stage in mediation?

Parties identify their priorities and explore possible solutions Signup and view all the answers

In what way can a mediator assist parties during the movement to agreement stage?

By applying persuasive pressure and using principled negotiation techniques Signup and view all the answers

Which of the following describes the nature of mediation?

It is a voluntary, non-binding, and private process Signup and view all the answers

What does the closing stage of mediation entail?

Articulating and accepting a mutually satisfactory resolution Signup and view all the answers

What is a desirable party in the context of legal actions?

A party that is not originally part of the action but can be bound. Signup and view all the answers

Which case illustrates the definition of a necessary party?

Union Beverages v Pepsi Cola (1994) Signup and view all the answers

What does it mean for a person to be treated as a party 'By Standing By'?

They neglected to join the suit despite being affected by it. Signup and view all the answers

Which of the following is characteristic of a nominal party?

Included only due to the office they hold. Signup and view all the answers

What is indicated about a party's ability to sue or be sued?

A party must be competent to defend their action. Signup and view all the answers

In legal terms, what typically results from a plaintiff not including the necessary parties?

The action will be deemed incompetent. Signup and view all the answers

Which of the following cases emphasizes the necessity of a party's presence for complete determination?

Ojo v Ogbe (2007) Signup and view all the answers

What is the role of the Attorney General in legal proceedings involving the government?

They must be a party to actions against the government. Signup and view all the answers

Who is responsible for appointing the Chief Judge of the FCT High Court?

The President Signup and view all the answers

What is the minimum experience required to become a Judge of the FCT High Court?

10 years Signup and view all the answers

How is the National Industrial Court composed?

A President and a variable number of judges Signup and view all the answers

What is the maximum number of judges that can sit on a matter in the National Industrial Court?

3 Judges Signup and view all the answers

Which of the following is NOT within the exclusive jurisdiction of the National Industrial Court?

Criminal cases Signup and view all the answers

What kind of knowledge is required for a Judge of the National Industrial Court?

Knowledge of industrial relations and employment law Signup and view all the answers

What legislative body confirms the appointment of judges in the National Industrial Court?

Senate Signup and view all the answers

Under what condition are both High Courts duly constituted to hear a matter?

When composed of at least one Judge of the Court Signup and view all the answers

Study Notes

Court Structures in the FCT and State

High Court of the FCT governed by Civil Procedure Rules; led by Chief Judge (CJ).
FCT Sharia Court of Appeal and FCT Customary Court of Appeal have their respective rules and leadership, supported by the Constitution.
Each High Court in states follows similar structure, with Sharia and Customary Courts managed under state-specific rules.

Statutes Creating Courts

Statutes provide legal framework for establishing courts and their procedural rules.
Example statutes: CA Act empowers courts to create rules; SC Act and CA Act govern appeal procedures.
Statutes take precedence over conflicting court rules.

Constitution as Enabling Law

The Constitution (CFRN) establishes foundational laws for court procedural rules.
Fundamental Rights (Enforcement Procedure) Rules established under the Constitution ensure fair hearing and right to appeal.

Specialized Statutes

Additional laws address specific legal procedures not covered by general court rules.
Example statutes: Sheriffs and Civil Process Act governs civil process nationally while state laws are limited to local courts.

National Industrial Court (NIC)

Recognized as a superior Court of Record with provisions under Third Alteration Act 2010 and NIC Act of 2004.
Composition includes a President and judges appointed on the President's recommendation; requires Senate confirmation.
Jurisdiction covers labor, employment, and industrial matters, with exclusive rights laid out by the Constitution.

Magistrate Courts

State-established courts; in Northern regions, they are referred to as District Courts.
Jurisdiction limited to personal actions, recovery of premises, and certain injunctions; maximum monetary claim of N10 million.
Appeals from Customary Courts are handled by Magistrate Courts.

Mediation Process

Voluntary and private process to resolve disputes with assistance from a neutral third-party mediator.
Mediator helps identify issues and facilitate a mutually acceptable agreement.
Key stages include preparation, opening discussions, identification of issues, movement towards agreement, and closing.

Mediation Advantages

Restores communication, uncovers common interests, and aids conflict resolution.
Non-binding structure empowers parties to negotiate freely.

Parties in Legal Actions

Desirable Party: Not essential for determination but included due to potential impact of outcome.
Necessary Party: Essential presence for just determination and directly affected by the suit’s outcome.
Nominal Party: Not interested in the subject matter; included due to statutory requirements.

Capacity to Sue and be Sued

Participants in a legal action must be legal persons capable of instituting or defending an action.
Legal competency is necessary; lack thereof results in an incompetent action that may be dismissed.

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Description

Explore the intricate court structures in the Federal Capital Territory (FCT) and states of Nigeria. This quiz delves into the essential statutes creating these courts, their procedural rules, and the constitutional framework governing them. Test your knowledge on how these legal frameworks ensure justice and uphold rights in the judicial system.