Nigerian Courts and Their Jurisdictions

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary jurisdiction of the Federal Court of Appeal?

  • Appellate jurisdiction for federal high court and state high courts
  • Original jurisdiction for presidential and vice-presidential election petitions
  • Original jurisdiction for all cases
  • Appellate jurisdiction for lower courts (correct)

Which court holds the highest authority concerning customary law in a Nigerian state?

  • Sharia Court of Appeal of a State
  • Customary Court of Appeal of a State (correct)
  • High Court of a State
  • Federal High Court

Which court, in a Nigerian state, has jurisdiction over disputes concerning Islamic personal law?

  • Sharia Court of Appeal (correct)
  • Federal High Court
  • High Court of a State
  • Customary Court of Appeal

What court serves as the highest authority for both English law and customary law within a Nigerian state or the Federal Capital Territory?

<p>High Court of a State (A)</p> Signup and view all the answers

What is the main function of the Federal High Court?

<p>Exercising original jurisdiction for various legal cases (C)</p> Signup and view all the answers

What is the principle of 'stare decisis' primarily concerned with?

<p>Following previous court decisions (C)</p> Signup and view all the answers

Which of the following is NOT a source of international law?

<p>Local statutes (C)</p> Signup and view all the answers

What role does the judiciary play in a government?

<p>Dispensing justice according to law (B)</p> Signup and view all the answers

Which court is considered the final court of appeal in Nigeria?

<p>The Supreme Court (D)</p> Signup and view all the answers

Under the doctrine of binding precedent, which court's decisions must lower courts follow?

<p>Decisions of higher courts in the hierarchy (B)</p> Signup and view all the answers

What is the primary function of a court?

<p>To administer justice (C)</p> Signup and view all the answers

Who confirms the appointment of the chief justice in Nigeria?

<p>The Senate (C)</p> Signup and view all the answers

What is meant by the term 'judicial precedents'?

<p>Decisions made in court that serve as a rule for future cases (D)</p> Signup and view all the answers

What is required for certain laws to become law in the Nigerian legislative process?

<p>A two-thirds vote of total members (B)</p> Signup and view all the answers

Which body is responsible for enacting statutes known as Acts in Nigeria?

<p>National Assembly (D)</p> Signup and view all the answers

What term describes statutes passed by a local government council in Nigeria?

<p>Bye-laws (A)</p> Signup and view all the answers

What distinguishes a decree from an edict in Nigeria's governance?

<p>Decrees are passed by military councils, edicts by state military governments. (C)</p> Signup and view all the answers

What does customary law refer to in the context of Nigeria?

<p>Indigenous laws predating colonial rule (B)</p> Signup and view all the answers

Which of the following is true about Islamic law in Nigeria?

<p>It is also known as Shariah. (C)</p> Signup and view all the answers

What major legislative body comprises the Senate and the House of Representatives in Nigeria?

<p>National Assembly (C)</p> Signup and view all the answers

What does the legislative branch of the Federal Government of Nigeria primarily aim to achieve?

<p>Make laws for peace, order, and good government (A)</p> Signup and view all the answers

What is the main purpose of the English Law tradition in Nigeria?

<p>To serve as a foundation for legal proceedings and create a unified legal system. (D)</p> Signup and view all the answers

Which of the following statements accurately describes 'Equity' in the context of Nigerian law?

<p>A system of fairness and natural justice created to address the shortcomings of the Common Law. (C)</p> Signup and view all the answers

What is the fundamental purpose of 'Statutes of general application' inherited from English Law?

<p>To extend the application of English laws that are relevant to the existing Nigerian context. (C)</p> Signup and view all the answers

Why is 'Legislation or Statutes' considered a primary source of law in Nigeria?

<p>They offer a method for revising and expanding the legal system. (A)</p> Signup and view all the answers

Which legal system BEST exemplifies a multijurisdictional pluralistic legal system?

<p>Nigeria with its blend of common law, customary law, and Islamic law. (B)</p> Signup and view all the answers

What is the common characteristic shared by both India and South Africa's legal systems?

<p>Both integrate constitutional, statutory, and customary law in their legal frameworks. (D)</p> Signup and view all the answers

Why is Canada considered an example of a multilevel governance pluralistic system?

<p>It has a system of national, regional, and local laws operating simultaneously. (A)</p> Signup and view all the answers

What distinguishes the concept of 'diversity recognition' in legal systems?

<p>The acceptance of multiple legal traditions and their co-existence in society. (A)</p> Signup and view all the answers

What are the key features of a dualist legal system?

<p>Coexistence of multiple legal traditions (B)</p> Signup and view all the answers

Which of these examples is NOT a type of dualist legal system?

<p>Criminal Law-Civil Law Dualism (C)</p> Signup and view all the answers

Which of these is NOT a characteristic of a pluralistic legal system?

<p>Focus on uniformity of legal traditions (B)</p> Signup and view all the answers

What is the primary difference between a dualist legal system and a pluralistic legal system?

<p>Dualist systems focus on interaction between legal traditions, while pluralistic systems focus on coexistence (A)</p> Signup and view all the answers

What is one potential challenge associated with the Nigerian legal system?

<p>The complexity of navigating multiple legal traditions (D)</p> Signup and view all the answers

Which of these statements BEST describes the coexistence of common law and customary law in Nigeria?

<p>Both systems are used and interact, sometimes creating conflicts (D)</p> Signup and view all the answers

What is one benefit of a pluralistic legal system, like the one in Nigeria?

<p>Enhanced flexibility in adapting to evolving societal needs (B)</p> Signup and view all the answers

Which of these countries is NOT an example of a country with a dualist legal system?

<p>United States (D)</p> Signup and view all the answers

Flashcards

Nigerian Legal System

A framework governing laws, regulations, and judicial processes in Nigeria.

Dualist System

A legal framework where two or more distinct legal traditions coexist, such as common law and customary law.

Common Law-Customary Law Dualism

The coexistence of common law and customary law, as seen in Nigeria.

Pluralistic Legal System

A legal framework that allows multiple legal traditions and recognizes diverse backgrounds.

Signup and view all the flashcards

Parallel Jurisdictions

Separate legal institutions or courts for different legal traditions within a dualist system.

Signup and view all the flashcards

Interplay Between Systems

The interaction, overlap, or conflict between different legal traditions in a dualist framework.

Signup and view all the flashcards

Examples of Dualist Systems

Different countries displaying dualism, like Nigeria, Canada, and South Africa.

Signup and view all the flashcards

Features of Pluralism

Characteristics of a pluralistic system, including plurality, diversity, complexity, and flexibility.

Signup and view all the flashcards

Sources of Law

Different origins of legal rules including constitutional, statutory, customary, religious, and international law.

Signup and view all the flashcards

Multilevel Governance

A system where laws exist at national, regional, and local levels, interacting with each other.

Signup and view all the flashcards

Hybrid Systems

Legal systems that combine elements from different legal traditions.

Signup and view all the flashcards

Common Law

Law developed from customary practices and judicial decisions in England.

Signup and view all the flashcards

Equity

Laws based on fairness and moral justice, developed by the Court of Chancery.

Signup and view all the flashcards

Statutes of General Application

Laws passed by the English Parliament that apply to colonies as of January 1, 1990.

Signup and view all the flashcards

Customary Law

Rules that arise from traditions and practices of a specific community.

Signup and view all the flashcards

Legislation

Laws enacted by a legislature, usually in written form.

Signup and view all the flashcards

Case Law

Body of law created by judges' decisions in court cases.

Signup and view all the flashcards

Stare Decisis

The principle of following previous court decisions.

Signup and view all the flashcards

International Law

Rules governing relations between nations and international entities.

Signup and view all the flashcards

Judiciary's Role

Interpreting and dispensing justice according to the law.

Signup and view all the flashcards

Hierarchy of Courts

The structured ranking of courts in the legal system.

Signup and view all the flashcards

Supreme Court of Nigeria

The highest court in Nigeria, the final court of appeal.

Signup and view all the flashcards

Binding Precedent

Decisions that lower courts must follow from higher courts.

Signup and view all the flashcards

Chief Justice

Head of the Supreme Court, responsible for its administration.

Signup and view all the flashcards

Legislative branch

The part of government responsible for making laws in Nigeria.

Signup and view all the flashcards

Acts

Statutes enacted by the National Assembly in Nigeria.

Signup and view all the flashcards

Laws

Statutes passed by a State House of Assembly in Nigeria.

Signup and view all the flashcards

Decree

A statute passed by the Federal Military Government in Nigeria.

Signup and view all the flashcards

Edict

A law enacted by the military government of a state in Nigeria.

Signup and view all the flashcards

Bye-Laws

Legislations passed by local government councils.

Signup and view all the flashcards

Islamic law

A legal framework based on the teachings of the Quran and Hadith.

Signup and view all the flashcards

Federal Court of Appeal

An appellate court in Nigeria with original jurisdiction for presidential election petitions.

Signup and view all the flashcards

Judges' Requirements

Federal Court must have judges versed in customary and Islamic law.

Signup and view all the flashcards

Federal High Court

A court of original jurisdiction with some appellate powers over tribunals.

Signup and view all the flashcards

Customary Court of Appeal

The highest court for customary law in a state in Nigeria.

Signup and view all the flashcards

Sharia Court of Appeal

The highest court for sharia law in a state, presided over by a Grand Khadi.

Signup and view all the flashcards

Study Notes

  • The Nigerian legal system is complex, encompassing laws, regulations, judicial processes, and social, economic, and political activities.
  • It's a dualist system, meaning two or more distinct legal traditions coexist and interact.
  • This includes a combination of common law and customary law.

Characteristics of a Dualist System

  • Multiple legal systems: Common law, customary law, Islamic law, or civil law can coexist.
  • Parallel jurisdictions: Separate courts, institutions, or mechanisms exist for each legal tradition.
  • Interplay between systems: Legal traditions interact, overlap, or conflict.

Types of Dualist Systems

  • Common Law-Customary Law Dualism: Common law and customary law coexist (e.g., Nigeria).
  • Civil Law-Common Law Dualism: Civil law and common law coexist (e.g., Quebec, Canada).
  • Islamic Law-Secular Law Dualism: Islamic law (Sharia) and secular law coexist (e.g., some African and Middle Eastern countries).
  • Traditional-Modern Law Dualism: Traditional law and modern law coexist (e.g., some Indigenous communities).

Features of the System

  • Pluralism: Recognition of multiple legal traditions.
  • Diversity: Accommodation of diverse cultural, religious, and historical backgrounds.
  • Complexity: Potential conflicts in navigating multiple systems.
  • Flexibility: Ability to adapt to changing societal needs.

Examples of Dualist Systems

  • Nigeria: Common law, customary law, and Islamic law coexist.
  • Canada (Quebec): Quebec's civil law system interacts with common law.
  • South Africa: Modern law interacts with traditional law.
  • Malaysia: Islamic law (Sharia) and secular law coexist.

Sources of Nigerian Law

  • English Law: Common law of England, equity, and statutes in force on January 1, 1990.
  • Common Law: Developed from English customs and practices.
  • Equity: Rules of fairness, natural justice, and moral rightness.
  • Statutes: Laws passed by the English Parliament (formerly applicable to colonies).
  • Legislations/Statutes: Laws enacted by legislatures in written form or code.
  • Acts and Laws: Statutes enacted by national and state assemblies.
  • Decrees and Edicts: Laws passed by military governments.
  • Bye-Laws: Local government council regulations.
  • Customary Law: Indigenous legal traditions.
  • Islamic Law: Sharia, based on the Quran and Hadith.
  • Case Law/Judicial Precedents: Law based on court decisions (stare decisis).
  • International Law: Rules, agreements, and treaties governing international relations.

Hierarchy of Courts in Nigeria

  • Supreme Court: Highest court in Nigeria, responsible for federal matters.
  • Federal Court of Appeal: Handles appeals and some original jurisdiction.
  • Federal High Court: Original jurisdiction on various matters; appellate jurisdiction.
  • High Courts (State): Original jurisdiction within each state.
  • Customary Courts: Traditional courts.
  • Shari'a Courts: Islamic courts.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Nigerian Legal System PDF

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser