The Judiciary Lecture Note PDF

. THE JUDICIARY LECTURE NOTE By: Stephen I. Ilesanmi (Lecturer) Judiciary means “The branch of government responsible for interpreting the laws and administering justice”1 The term ‘judiciary’ denotes the branch of government that is constitutionally responsible for interpreting the laws and adminis...

. THE JUDICIARY LECTURE NOTE By: Stephen I. Ilesanmi (Lecturer) Judiciary means “The branch of government responsible for interpreting the laws and administering justice”1 The term ‘judiciary’ denotes the branch of government that is constitutionally responsible for interpreting the laws and administering justice, by the application of the rule of law, through duly constituted courts.2 Historical Development of Judiciary in Nigeria The history of the judiciary in Nigeria dates back to the period before the advent of the British at any of the territories which together now constitute Nigeria. Historical records show clearly that long before the 19th century, each of the territories which together now constitute Nigeria had a system of administration of justice.3 In other words, before the advent of colonial rule and the amalgamation of the protectorates of northern and southern Nigeria to form what we now know as Nigeria, the pre-colonial institutions included courts. However, the evolution of contemporary Nigerian judiciary, which of course follows the British model, was basically a colonial attempt to tackle the defect in the traditional system of adjudication. Following King Dosumu’s cession of Lagos to the British crown in 1861, the British Colonial Masters set up courts; some by statutory provisions and some by administrative arrangements. In the southern part of Nigeria, between 1843-1913, the British through a combination of the Foreign Jurisdiction Act of 1843 and 1893, established laws under which various courts were set-up. More specifically, in 1854, the earliest courts called the “Courts of Equity” were established by the British in the southern parts of Nigeria, particularly Brass, Benin, Okirika and Opobo. Operating simultaneously with the courts of equity and consular courts were courts that were established by the Royal Niger Company. By a Royal Charter granted in 1886, the company had the power to govern and administer justice in its area of operations until the Charter was removed in 1899. The establishment of these British courts did not however, preclude the operation of native courts, in so far as the customs administered by the latter were not repugnant to natural justice, equity and good conscience. In 1863 and 1900, respectively, the Supreme Court of Lagos and a Supreme Court for the protectorate of Southern Nigeria was established. Whereas the former had both civil and criminal 1 The Black’s Law Dictionary, 8th edition, 2004 2 Anozia v. Attorney General of Lagos State (2010) 15 NWLR (Pt. 1216) 207 at 237 3 See A. O. Obilade, The Nigerian Legal System (Ibadan: Spectrum Books Ltd., 2009) at 17. 1 jurisdiction; the latter exercised the same powers and jurisdictions vested in Her Majesty’s High Court of Justice in England. This arrangement endured until 1914 when the Northern and Southern protectorate of Nigeria were amalgamated. Provincial courts were abolished and its place were established High Courts which consisted of Chief Judges, Judges and assistant Judges. Below these High Courts were magistrate courts. Native courts also retained their position at the bottom of the judicial hierarchy. The Supreme Court exercised appellate jurisdiction over the High Courts. Between 1934 and 1954 appeals from the Supreme Court went to the West African Court of Appeal (WACA). Appeals from the WACA went to the Privy Council. However, from 1954, appeals from the Supreme Court of Nigeria then went directly to the Privy Council. This is because in 1954, a Federal Supreme Court presided over by a Chief Justice of the Federation was established. At the regional level was a High Court presided over by a Chief Judge. Appeals from each of the Regional High Courts went to the Federal Supreme Courts, while that from Customary or Native Courts Grade A. went to the Regional High Courts. In 1967, Nigeria became a federation of 12 states each with its own state judiciary. This socio-political development of the country, coupled with its economic advancement necessitated the emergence of a sophisticated judiciary designed to cope with the challenges of an emergent quasi-federal state. Accordingly, in the same year, the Western State via a Court of Appeal Edict, No. 15 of 1969 established a Regional Court of Appeal. Further, in order to meet the need for cases involving the revenue of the Federal Government to be expeditiously determined, the Federal Revenue Court was established by the Federal Revenue Court Decree No. 13 of 1973. The court exercised jurisdiction throughout the country on certain specification matter. The 1999 Constitution of the Federal Republic of Nigeria (as amended in 2011), the superior courts recognised as constituting the judiciary are the Supreme Court, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, Abuja, the Customary Court of Appeal, Abuja, the Sharia Court of Appeal of the States, the State High Courts and Customary Court of Appeal of States. These courts are vested with the functions or duties of dispensing justice, in accordance with the jurisdiction vested in them Judicial power means: The authority vested in courts and judges to hear and decide cases and to make binding judgments on them; the power to construe and apply the law when controversies arise over what has been done or not done under it. Section 6 (1) of the 1999 Constitution of the Federal 2 Republic of Nigeria vests judicial powers of the Federal and State governments of Nigeria in the Courts established by the constitution. The section provides that the “Judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.” Section 6(2) of the 1999 Constitution provides that “Judicial powers of the State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for the State”. By Section 6 (6) of the Section “The judicial powers vested in accordance with the foregoing provisions of this section- (a) Shall extend notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a court of law; (b) Shall extend to all matters between persons, or between government and authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any questions to the civil rights and obligations of that person… The primary role of the judiciary is the interpretation of the Constitution and the laws enacted by the legislature in resolution of justifiable live issues brought before the courts. The judiciary also has the role of administration of justice according to law. In exercise of this role the fundamental values of fairness, impartiality, integrity and incorruptibility are sacrosanct. It is through the instrumentality of administration of justice that law and order are maintained in the state. Law and order are the primary functions of any government. Another role of the judiciary which is not easily discernible is the role of checks and balances. By the power of judicial interpretation, the judiciary can declare activities of the executive and legislature unconstitutional, null and void and of no effect. This is usually undertaken through the processes of judicial review. The role of the judiciary in the exercise of governmental powers was exemplified in the case of A.G. Abia State v. A.G Federation.4 In that case, the National Assembly enacted the Monitoring Allocation to Local Government Act 2005. The Act, among other provisions, sought to monitor financial allocation that accrued from the Federal Government Account to the Local Government. The 1st Plaintiff contended that it was the House of Assembly of the State and not the National Assembly that may make such laws. In that case the Supreme Court held as follows: “It is also important to bear in mind that the judiciary …. is the guardian of the Constitution charged with the sacred responsibility of dispensing justice for the purposes of safe guarding and protecting the constitution and its goals? The judiciary when properly invoked has a fundamental role to play in the structure of governance by checking the 4.(2007) 2 SC 146. 3 activities of the other organs of government and thereby promoting good governance and respect for individual rights and fundamental liberties and also ensuring the achievement of the goals of the constitution and not allow the defeat of such good intendments. It is the duty of the court to keep the government faithful to the goals of democracy, good governance for the benefit of the citizen as demanded by the constitution”5 In the case of Gadi v. Male6, the court opined that, “It is trite, the courts of law in this country and indeed in all the civillised counties of the world, are the primary custodians of the constitution and the rule of law. The courts are inherently imbued with sacrosanct and far-reaching fundamental powers to preserve, interpret and uphold the constitution. Such far-reaching and fundamental powers as conferred upon the courts are traceable to the constitution and laws as may be enacted by the legislature, Federal and/or state” Roles of Judiciary in Nigeria The judiciary is a vital arm of the Nigerian government. It is responsible for upholding the rule of law, interpreting the constitution, and ensuring justice is served. The judiciary plays a critical role in Nigeria’s democratic system, and it is important to understand its functions and responsibilities. These roles are as the following: 1. Upholding the Rule of Law The judiciary in Nigeria is responsible for upholding the rule of law and ensuring that the law is applied equally to all citizens. The judiciary plays a critical role in promoting accountability and transparency in government by ensuring that laws are followed and that public officials are held accountable for their actions. 2. Protecting the Rights of Citizens The judiciary in Nigeria is responsible for protecting the rights of citizens and ensuring that they are not violated by the government or other citizens. The courts have the power to hear cases involving human rights violations and can provide remedies for victims of such violations. 3. Ensuring Justice is Served The judiciary in Nigeria plays a critical role in ensuring that justice is served. The courts are responsible for hearing cases and making decisions based on the evidence presented. The courts must ensure that all parties are given a fair trial, and that justice is served regardless of the social or economic status of the parties involved. 5 (2007)1 CCLR SC p.104 at 131 6 (2010) 7 N.W.L.R. (Part 1193) page 225. 4  4. Interpreting the Constitution The judiciary in Nigeria is responsible for interpreting the constitution and ensuring that laws are in line with constitutional provisions. The courts have the power to strike down laws that are deemed unconstitutional and ensure that government actions are in line with the constitution. 5. Resolving Disputes The judiciary in Nigeria is responsible for resolving disputes between individuals, companies, and government agencies. The courts provide a forum for parties to present their cases and ensure that disputes are resolved fairly and justly. In summary, judiciary plays a critical role in ensuring that justice is served and that the rule of law is upheld in Nigeria. Judiciary ensures that justice is served in all cases. The judiciary is an essential component of Nigeria’s democratic system, and it is essential that it continues to operate independently and impartially. The Statutes of Justice in courts, law faculty and other law related institutions indicate the whole essence of judicial to be justice. THE STRUCTURE AND JURISDICTION OF NIGERIAN COURTS: Meaning of jurisdiction: Jurisdiction is “a court’s power to decide a case or issue a decree”7 Jurisdiction is essentially the authority which a court of law has to determine matters or issues which are litigated before it or to take cognizance of issues presented in a formal way for its resolution. 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.8 The source of jurisdiction of Nigerian courts is the Constitution of the Federal Republic of Nigeria and various states’ laws that established courts. By virtue of the 1999 Constitution of the Federal Republic of Nigeria, all courts in the Nigerian federation, fundamentally, derive their jurisdiction or competence from the constitution.9 Nigerian courts, like other courts in democratic nations, are creatures of statute based on the constitution. Their jurisdictions are based on statutes and as a corollary, no court in Nigeria assumes jurisdiction without its enabling statute. Jurisdiction cannot be implied 7 Bryan Garner, ed., Black’s Law Dictionary, Ninth Edition, (West Publishing, 2009) p.297. 8 Adams v. Umar (2007) 5 N.W.L.R. pt. 1133, 41 at 97. 9 Osadebay v. A.G. Bendel (1991) 1 N.W.L.R. Pt. 169 525 at pp. 557 – 558; Din v. A.G. Federation (1986) 4 N.W.L.R (Pt. 87) 147 at 171. See also, section 6 of the Nigerian Constitution. 5 and as a result where there is no enabling state there cannot be jurisdiction. When a court has no jurisdiction, it is futile exercise for that court to embark on the hearing of a matter.10 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 the time and before the merits of the case are considered and determined. The ingredients which must be present before any court can assume jurisdiction have been decided by various courts. These principles are stated as the following: “A court is only competent when – a. It is properly constituted with respect to the members and qualifications of its members; b. The subject matter of the action is within its jurisdiction; c. The action is initiated by due process of law; and, d. Any condition precedent for the exercise of its jurisdiction has been fulfilled. Noncompliance with any of the foregoing matter is a defect in competence which may be fatal to its jurisdiction”11 The parties and their lawyers to a dispute cannot confer jurisdiction on a court. In any event where the court lacks jurisdiction, the parties cannot confer and vest jurisdiction on the court. The question as to whether a court has jurisdiction can be raised at any stage of the trial, even for the first time on appeal. If a court lacks the requisite jurisdiction to hear and determine an issue before, any step taken in relation to the matter is a nullity and void.12 Lack of jurisdiction emphasizes the want of legal capacity and lack of competence in the court to hear and determine the subject matter before it. Lack of jurisdiction necessarily means that the court does not have the competence to exercise the judicial powers vested in the courts by s.6(6)(b) of the 1999 constitution of the Federal Republic of Nigeria and a decision or judgment made while lacking jurisdiction is null and void.13 10 Osadebay v. A.G. Bendel p.57; A.G. Federation v. Sode (1990) 1 N.W.L.R. (Pt. 128) 500 at 503, 504, and 505. 11 Shelim v. Gobang (2009) 12 N.WL.R. Pt. 1156 403 pp. 455-456, Madukolu v. Nkemdilim. 12 Madukolu v. Nkemdilim (1962) 2 S.C.N.J. 341. 13 This is in accordance with constitutional provision and other decided cases. 6 Types of Judicial Jurisdictions in Nigeria The Nigerian judiciary has different types of jurisdiction, which refer to the legal authority or power of a court to hear and decide on a particular type of case. Understanding the different types of judicial jurisdictions in Nigeria is essential in navigating the legal system in the country. In this article, we will discuss the various types of judicial jurisdictions in Nigeria and their functions. Exclusive Jurisdiction Exclusive jurisdiction refers to the legal authority of a particular court to hear and determine a particular type of case to the exclusion of all other courts. The court with exclusive jurisdiction is the only court that can hear and determine such a case. Examples of cases that fall under exclusive jurisdiction in Nigeria include revenue matters and cases relating to the interpretation of the Constitution. Concurrent Jurisdiction Concurrent jurisdiction refers to the legal authority of more than one court to hear and determine a particular type of case. In Nigeria, concurrent jurisdiction exists between the Federal High Court and the State High Courts in cases involving federal laws or cases where the federal government is a party. Appellate Jurisdiction Appellate jurisdiction refers to the legal authority of a court to hear and determine appeals arising from the decisions of lower courts. In Nigeria, the Court of Appeal has appellate jurisdiction over decisions of the High Courts and other subordinate courts. The Supreme Court, on the other hand, has appellate jurisdiction over decisions of the Court of Appeal and other courts. Territorial/Spatial Jurisdiction Territorial jurisdiction refers to the legal authority of a court to hear and determine cases within a particular geographical area. In Nigeria, the High Courts have territorial jurisdiction over cases within their respective states or territories. The Federal High Court has territorial jurisdiction over cases involving federal laws and cases where the federal government is a party. Original Jurisdiction Original jurisdiction refers to the legal authority of a court to hear and determine a case in the first instance, as opposed to an appellate jurisdiction, which involves hearing appeals from lower courts. In Nigeria, the High Courts have original jurisdiction over civil and criminal cases within their respective states, while the Federal High Court has original 7 jurisdiction over cases involving federal laws and cases where the federal government is a party. Review Jurisdiction Review jurisdiction refers to the legal authority of a court to review its own decisions or decisions of other courts. In Nigeria, the Supreme Court has review jurisdiction over its own decisions and decisions of lower courts. Divisional jurisdiction Divisional jurisdiction of courts in Nigeria refers to the administrative power and authority of a court to hear and determine cases within a particular geographical division or area. The geographical division is usually determined by the administrative structure of the court system, such as the division of a state into judicial divisions or the division of the country into geopolitical zones. Note that 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. The importance of jurisdiction in the adjudicatory processes has always been emphasized by the courts. It is of absolute importance in judicial proceedings and the life wire of adjudication. Where there is no jurisdiction to hear and determine a matter, everything done in such case results in want of jurisdiction and it subsequently becomes nullity. Power of a court is derived from its enabling stature. It is the statute which creates the court that defines its jurisdiction. In other words, all courts of record are creatures of the constitution, as their jurisdiction is confined, limited and circumscribed by the constitution. The Constitution creates Federal and State Courts as well as Election Tribunals. The Federal courts are: The Supreme Court, The Court of Appeal, the Federal High Court, the High Court of Federal Capital Territory, Abuja, The Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of Federal Capital Territory, Abuja. 8 The State Courts are: The High Court of the State, the Sharia Court of Appeal, The Customary Court of Appeal. The Election Tribunals are: the National Assembly Election Tribunals, 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 the court of 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. The decision of the Supreme Court on any matter is final and it is not subject to an appeal to any other person or body. This is however, without prejudice to the power of the President or Governor of a State’s exercise of prerogative of mercy in appropriate cases. The decisions of the Supreme Court are binding on all other courts in Nigeria. Jurisdiction of the Supreme Court: Original Jurisdiction of the Supreme Court: The Supreme Court of Nigeria 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,14 which confers additional original jurisdiction on the Supreme Court. By section1 (1) of that Act, it is provided that in addition to the jurisdiction conferred upon the Supreme Court by section 14 Cap S16, Laws of the Federation of Nigeria, 2004. 9 232(1)28 of the Constitution, 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: (a) The National Assembly and the President; (b) The National Assembly and any State House of Assembly; and (c) The National Assembly and the State of the Federation. In Attorney-General of Abia State v. Attorney-General of the Federation,15 the Plaintiff brought the suit at the Supreme Court pursuant to the original jurisdiction of the Supreme Court. The complaint was in respect of the activities of the Economic and Financial Crimes Commission (EFCC) against the plaintiff. The Supreme Court struck out the suit for want of jurisdiction because EFCC is a corporate legal entity which can sue and be sued on its own name and not necessarily an agent of the first defendant. The court was of the opinion that the claim does not qualify as a dispute within the meaning of section 232 of the 1999 Constitution, not being a dispute between the Federation and the State. Consider the case of 16 States against the Federal Government of Nigerian on monetary policy of the Central Bank of Nigeria (CBN) in this year (2023). In Attorney General of Anambra State v. Attorney General of the Federation,16 the question for determination was whether the tenure of office of the governor of Anambra State is a dispute of such a nature that could legitimately result in the invocation of the original jurisdiction of the Supreme Court. The court struck out the suit and held that in order for the original jurisdiction of the Supreme Court to be invoked pursuant to Section 232 of the 1999 Constitution, there must exist a legal right on the part of the claimant and the dispute or controversy must be one between the Federation and a State of the Federation. The court went further to hold that while it may be true that the Governor of Anambra State might have been short changed on the question of tenure, that fact does not, ipso facto, make such an issue one between Anambra State as an entity and the Federation. The suit therefore remains incompetent and ought to be struck out for want of jurisdiction.17 In Attorney-General of Kano State v. Attorney-General of the Federation,18 the plaintiff brought a suit at the Supreme Court by invoking the original jurisdiction of the Supreme Court. The plaintiff’s case in the main, is a complaint against certain conduct of the Inspector General of the Police. The question arose as to whether the original jurisdiction 15 (2007) 2 S.C. 146. 16 (2007) 5-6 S.C. 192. 17 A.G. Anambra v. A.G Federation (supra) at page 193. 18 (2007) 3 S.C., (Part 1) page 59. 10 of the Supreme Court was properly raised in the circumstance where the plaintiff’s case is an alleged wrong doing by an officer of the Federation. The Supreme Court unanimously struck out the suit. The court held that in order for the original jurisdiction of the Supreme Court to be invoked pursuant to section 232 of the 1999 Constitution, the following pre- conditions must be met: 1. There must be justiciable dispute involving any question of law or fact; 2. The dispute must be:- (a) between the Federation and a State in its capacity as one of the constituent units of the Federation; or, (b) between the Federation and more States that are in their capacity as members of the constituent units of the Federation; or, (c) between States in their aforesaid capacity and the dispute must be one on which the existence or extent of a legal right in the aforesaid capacity is involved. That the plaintiff’s claim did not satisfy these pre conditions and therefore, the invocation of the original jurisdiction of the Supreme Court in that case fails. Appellate Jurisdiction of the Supreme Court: The appellate jurisdiction of the Supreme Court of Nigeria is as provided in Section 233(1) of the Constitution. The appellate jurisdiction of the Supreme Court confers on the Supreme Court exclusive jurisdiction to hear and determine appeals from the Court of Appeal. An appeal may either lie to the Supreme Court as of right or with leave of that court or the Court of Appeal. An appeal shall lie as of right from decisions of the Court of Appeal to the Supreme Court in the following cases:19 (a) Where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal; (b) 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; (d) Decisions in any criminal proceedings in which any person has been sentenced to death by the Court 19 section 232(2). 11 of Appeal or in which the Court of Appeal has affirmed a sentence of death by any other court; (e) Decisions on any question – (i) Whether any person has been validly elected to the office of President or Vice-President under the constitution; (ii) Whether the term of office of President or Vice President has ceased; (iii) Whether the office of President or Vice President has become vacant; and (iv) Whether any person has been validly elected to the office of the Governor or Deputy Governor under this Constitution; (v) Whether the term of office of a Governor or Deputy Governor has become vacant; and (f) 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 of Appeal is next on the line after the Supreme Court of Nigeria. The decision of the Court of Appeal is binding on all other courts below it. The Court of Appeal is composed of the President of the Court of Appeal and other justices of the Court of Appeal not being less than forty nine. Jurisdiction of the Court of Appeal: Like the Supreme Court of Nigeria, the Court of Appeal has both original and appellate jurisdiction. A careful examination of the constitutional provisions conferring jurisdiction on the Court of Appeal will reveal that the Court of Appeal is primarily a court of appellate jurisdiction. The original jurisdiction of the Court of Appeal is essentially limited to election petition matters. Original Jurisdiction of the Court of Appeal: Section 239(1) of the Constitution provides for the original jurisdiction of the Court of Appeal. By the provisions of that section the court of Appeal has exclusive original jurisdiction to hear and determine any question as to whether – (a) Any person has been validly elected to the office of President or Vice President under the Constitution; or, (b) The term of office of the President or Vice-President has ceased; or, (c) The office of President or Vice President has become vacant94 Appellate Jurisdiction of the Court of Appeal: 12 Section 240 of the 1999 Constitution provides for the appellate jurisdiction of the Court of Appeal. By that section the Court of Appeal has exclusive 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 as of Right: Section 241(1) of the 1999 Constitution appeals lie as of right to the Court of Appeal from decisions of the Federal High Court or a High Court in the following cases: (a) Final decisions in any civil or criminal proceedings before the Federal High Court or a High Court sitting at first instance; (b) Decisions in any civil or criminal proceedings, where the ground of appeal involves questions of law alone; (c) Decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution; (d) Decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is been or is likely to be, contravened in relation to any person; (e) Decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence of death; (f) Decisions made or given by the Federal High Court or a High Court – (i) Where the liberty of a person or the custody of an infant is concerned; (ii) Where an injunction or the appointment of a receiver is granted or refused; (iii) In the case of a decision determining the case of a creditor or the liability of a contributory or other officer under any enactment relating to companies in respect of misfeasance or otherwise; (iv) In the case of a decree nisi in a matrimonial or a decision in an admiralty action determining liability, and (v) In such other cases as may be prescribed by any law in force in Nigeria. 13 By section 241(2) of the 1999 Constitution provides that nothing in the foregoing confers any right of appeal: (a) From a decision of the Federal High Court or any High Court granting unconditional leave to defend an action; (b) From an order absolute, for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree nisi; and, (c) Without leave of the Federal High Court or a High Court or of the court of Appeal, form a decision of the Federal High Court or High Court made with the consent of the parties or as to costs only. Appeals with leave: In all other cases and subject to the provisions of section 241 and subject to the provisions of section 241 discussed above, appeals lie from decisions of the Federal High Court or a High Court to the Court of Appeal with leave of either the lower court or the Court of Appeal. In determining an application for leave to appeal in respect of any civil or criminal proceedings in which an appeal has been brought to the Federal High Court or a High Court from any other court, the court of Appeal may dispense with oral hearings and base its decision on the records of proceedings, if the Court of Appeal is of the opinion that the interests of justice do not require an oral hearing. Section 243(1) and (2) of the 1999 Constitution provide for the exercise of right of appeal from the Federal High Court, National Industrial Court or a High Court in respect of civil and criminal matters: (a) In the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court or the High court or the Court of Appeal at the instance of any other person having an interest in the matter, and in the case of criminal proceedings at the instance of an accused person, or, subject to the provisions of the Constitution and any powers conferred upon the Attorney General of the Federation or the attorney General of a State to take over and continue or to discontinue such proceedings, at the instance of such other authorities or persons as may be prescribed; (b) In accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the court of Appeal. (2) An appeal shall lie from the decision of the National Industrial court as of right to the Court of Appeal on questions of Fundamental Rights as contained in Chapter 1V of this Constitution as it relates to matters upon which the National Industrial Court has jurisdiction. By virtue of Section 243(2) the right of appeal is removed with respect to issues to which the National Industrial Court has jurisdiction to determine except when human rights are implicated in the issues before the National Industrial Court. It is rather 14 curious that the National Industrial Court became implicitly the court of last resort in respect of issue and matters for which it has jurisdiction. Appeals from Sharia Court of Appeal, Customary Court of Appeal and Code of Conduct Tribunal: By Section 244 (1) of the Constitution appeals lie as of right from decisions of a Sharia Court of Appeal to the Court of Appeal in civil proceedings with respect to any question of Islamic personal law which the Sharia Court of Appeal is competent to decide. This right of appeal is exercisable: (a) At the instance of a party thereto or, with the leave of the Sharia Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter, and, (b) In accordance with an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal. Also by section 245 (1) and (2) of the Constitution appeals lie as of right from decisions of a Customary Court of Appeal to the Court of Appeal in civil proceedings with respect to any question of customary law and such other matters as may be prescribed and such other matters as may be prescribed by an Act of the National Assembly. Such right of appeal is exercisable: (a) At the instance of a party thereto, or with the leave of the customary court of appeal or of the court ofappeal, at the instance of any other persona having an interest in the matter; and, (b) In accordance with an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the court of appeal. By section 246(1) of the 1999 constitution appeals lie as of right to the Court of Appeal from decisions of the Code of Conduct Tribunal established in the Fifth Schedule to the Constitution. Similarly appeals lie as of right from decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals on any question as to whether- (i) Any person has been validly elected as a member of the National Assembly or of a House of Assembly of a State under the Constitution; (ii) Any person has been validly elected to the office of Governor or Deputy Governor; or, (iii) The term of office of any person has ceased or the seat of any such person has become vacant Section 246(2) of the Constitution empowers the National Assembly to confer jurisdiction upon the Court of Appeal to determine appeals from any decision of any other 15 court of law or tribunal established by the National Assembly. By Section 246(1) and (3) of the 1999 Constitution the decisions of the Court of Appeal in respect of appeals arising from election petitions are final.95 The Court of Appeal is for administrative purposes divided into judicial divisions each presided over by a Presiding Justice. However, the law recognizes only one Court of Appeal and decisions of any of the judicial divisions are treated as decisions of the court. For administrative convenience, 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 and Makurdi. The Federal High Court: There is a Federal High Court in each state of the Federation and the Federal Capital Territory. Each is made up of a Chief Judge and such other number of judges as the State House of Assembly or the National Assembly (in the case of High Court of the Federal Capital Territory) may prescribe. The High Court of the various states have original jurisdiction over civil and criminal matters except matters in respect of which any court has been vested with exclusive jurisdiction, making them the court with the widest jurisdiction under the constitution. The court is duly constituted with one judge. Each High court is divided into judicial divisions for administrative convenience. Jurisdiction of the Federal High Court: Section 251 of the Constitution provides for the jurisdiction of the Federal High Court. It provides that notwithstanding anything to the contrary in the Constitution, and in addition to such other jurisdiction as may be conferred on it by an Act of the National Assembly, the Federal High Court has exclusive jurisdiction in civil cases and matters. (a) Relating to the revenue of the Government of the Federation in which the said Government, its organs or a person suing or being sued on its behalf is a party; (b) Connected with or pertaining to the taxation of companies and other bodies established or carrying on business in Nigeria and all other persons subject to Federal taxation; (c) Connected with or pertaining to customs and excise duties and export duties, including any claim by or against the Nigeria Customs Service or any member or officer thereof, arising from the performance of any duty imposed under any regulation relating to customs and excise duties and export duties; (d) Connected with or pertaining to banking, banks, other financial institutions, including any action between on bank and another, any action by or against the Central Bank of Nigeria arising from banking, coinage, legal tender, bills of exchange, letters of credit, promissory notes and other fiscal measures; Provided that this paragraph shall not apply to 16 any dispute between an individual customer and his bank in respect of transaction transactions between the individual customer and the bank. (e) Arising from the operation of the Companies and Allied Matters Act or any other enactment replacing the Act or regulating the operation of companies incorporated under the Companies and Allied Matters Act (f) Any Federal enactment relating to copyright, patent, designs, trademarks and passing- off, industrial designs and merchandise marks, business names, commercial and industrial monopolies, combines and trusts, standards of goods and commodities and industrial standards. (g) Any admiralty jurisdiction, including shipping and navigation on the River Niger or River Benue and their effluents and on such other inland waterway as may be designated by any enactment to be an international waterway, all Federal ports, (including the constitution and powers of the ports authorities for Federal ports) and carriage by sea. (h) Diplomatic, consular and trade representation; (i) Citizenship, naturalization and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration, from Nigeria, passports and visa; (j) Bankruptcy and insolvency; (k) Aviation and safety of aircraft; (l) Arms, ammunition and explosives; (m) Drugs and poisons; (n) Mines and minerals (including oil fields, oil mining, geological surveys and natural gas); (o) Weights and measures; (p) The administration or the management and control of the Federal Government or any of its agencies; (q) Subject to the provisions of the Constitution, the operation and interpretation of this Constitution in so far as it affects the Federal Government or any of its agencies; (r) Any action or proceeding for a declaration or injunction affecting the validity of any executive of any executive or administrative action or decision by the Federal Government or any of its agencies; and, (s) Such other jurisdiction civil or criminal and whether to the exclusion of any other court or not as may be conferred upon it by an Act of the National Assembly: Provided that 17 nothing in the provisions of paragraphs (p), (q) and ® of this subsection shall prevent a person from seeking redress against the Federal Government or any of its agencies in action for damages; injunction or specific performance where the action is based on any enactment, law or equity. Section 28 (3) (First Alteration) Act, 2010 grants additional jurisdiction to the Federal High Court. It provides that “Subject to the provisions of section 2541 and other provisions of this Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a State, a Governor or Deputy Governor has ceased or become vacant” It is clear from the wordings of Section 28 (3) (First Alteration) Act, 2010 which grants additional jurisdiction to the Fedral High Court that the jurisdiction granted by that section is not exclusive to the Federal High Court. Accordingly, the Federal High Court will share the jurisdiction granted by that section with a State High Court. 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. Jurisdiction of the National Industrial Court: S.254C (1) of the Constitution provides for the jurisdiction of the National Industrial Court. It provides that “Notwithstanding the provisions of sections 251, 257, 272 and anything contained in this constitution and in addition to such other jurisdiction to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and mattes:- (a) Relating to or connected with any labour, employment, trade unions, industrial relations arising from workplace, the conditions of service, including health, safety , welfare, employee, worker and matters incidental thereto or connected therewith; (b) relating to, connected with or arising from Factories Act, Trade Disputes Act, Trade Union Act or Law relating to labour, employment, industrial relations, workplace the Acts or any other enactment replacing the Acts or laws. (c ) relating to or connected with the grant of any order restraining any person or body from taking part in any strike, lock out or any industrial action, or any action industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out, or any industrial action and matters connected therewith or related thereto; 18 (d) relating to or connected with any dispute over the interpretation and application of the provisions of Chapter IV of this Constitution as it relates to any employment, labour, industrial relations, trade unionism, employer’s association or any other matter which the Court has jurisdiction to hear and determine; (e) relating to or connected with any dispute arising from national minimum wage for the federation or any part thereof and matters therewith or arising therefrom; (f) relating to or connected with unfair labour practice or international best practices in labour, employment and industrial relation matters; (g) relating to or connected with any dispute arising from discrimination or sexual harassment at workplace; (h) relating to, or connected with or pertaining to the application or interpretation of international labour standards; (i) connected with or related to child labour, child abuse, human trafficking or any matter connected therewith or related thereto; (j) relating to the determination of any question as to the interpretation and application of any:- i. collective agreement; ii award or order made by an arbitral tribunal in respect of a trade dispute or trade union dispute; iii. award or judgment of the Court; iv. terms of settlement of any trade dispute; iv. trade union dispute or employment dispute as may be recorded in a memorandum of settlement; v. trade union constitution, the constitution of an association of employers or any association relating to employment, labour, industrial relations or workplace; vi. dispute relating to or connected with any personnel matter arising from any free trade zone in the Federation or any parts thereof; (k) relating to or connected with disputes arising from paying or non-payment of salaries, wages, pensions, gratuities, allowances, benefits and any other entitlement of any employee, political or public office holder, judicial officer, or any civil or public servant in any part of the Federation and matters incidental thereto; 19 (i) relating to appeals from decisions of the Registrar of Trade Unions or matters relating thereto or connected therewith; ii appeals from the decisions or recommendations of any administrative body or commission of enquiry, arising from or connected with employment, labour, trade union or industrial relations; and iii. such other jurisdiction, civil or criminal and whether to the exclusion of any other court ornot, as may be conferred upon it by an Act of the National Assembly’ (m) relating to or connected with the registration of collective agreements (2) Notwithstanding anything to the contrary in this constitution, the National Industrial Court shall have the jurisdiction and power to deal with any matter connected with or pertaining to the application of any international convention, treaty or protocol of which Nigeria has ratified relating to labour, employment, workplace, industrial relations or matters connected therewith” It appears that Section 254C of the Constitution which vested the National Industrial Court with jurisdiction has altered the relation between Nigerian municipal law and international law. This is because for an international treaty to become operative in Nigeria such international treaty must be enacted into law by the National Assembly in consonance with the provisions of Section 12(1) of the Constitution. Section 12(1) provides that “No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.” The purport of Section 254C of the Constitution is that international treaties relating to labour has a force of law in Nigeria upon ratification by Nigeria without first been enacted into law by the National Assembly. The Sharia Court of Appeal There is a Sharia Court of Appeal for the Federal Capital Territory and any state that requires it. This court has appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law, which the court is competent to decide in accordance with the constitution. The court comprises of a Grand Khadi and other Khadis as the National Assembly or State Houses of Assembly (as the case may be) may prescribe. Jurisdiction of the Sharia Court of Appeal: Section 262(1) of the constitution provides for the jurisdiction of the Sharia Court of Appeal. In addition to such other jurisdiction as May conferred on it by the National Assembly, the Sharia Court of Appeal shall exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law. The Sharia Court of Appeal shall be competent to decide: 20 (a) Any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant; (b) Where all the parties to the proceeding are muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, regarding family relationship, a foundling or the guardianship of an infant; (c) Any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim; (d) Any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or (e) Where all the parties to the proceedings, being Muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question. “ The Customary Court of Appeal There is a customary Court of Appeal for the Federal Capital Territory and any state that requires it. This court has appellate and supervisory jurisdiction in civil proceedings involving questions of customary law and it comprised of a president and such number of judges as the National Assembly or State Houses of Assembly (as the case may be) may prescribe. Jurisdiction of the Customary Court of Appeal: Section 267 of the 1999 Constitution provides for the Jurisdiction of the Customary Court of Appeal of the Federal Capital Territory. It provides that “The Customary Court of Appeal of the Federal Capital Territory, Abuja shall, in addition to such other jurisdiction as may be conferred upon it by an Act of The National Assembly exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of customary law.” High Court of a State Section 270(1) of the 1999 Constitution established the High Court of a State. By subsection (2)(a) and (b) the High Court of a State shall consists of “a Chief Judge of the State and such number of Judges of the High Court as may be prescribed by a law of the House of Assembly of the State” Jurisdiction of the High Court of a State: 21 Section 272(1) of the 1999 Constitution provides for the jurisdiction of the High Court of a State. It provides that “ Subject to the provisions of section 251 and other provisions of this Constitution, the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.” Court Martial The Constitution of the Federal Republic of Nigeria 1999 as amended created the Armed Forces of Nigeria and recognises court martial as a court of competent jurisdiction. The Armed Forces Act Chapter A 20 Laws of the Federation of Nigeria 2004 provides that appeals from courts martial lie to the Court of Appeal. Under military justice system in Nigeria, the Armed Forces Act authorizes military commandersto convene courts-martial on ad hoc basis to try a single case or several cases of service members suspected of breaking the Code. This is done by the convening of courts-martial by the empanelling of appropriate military officers of appropriate rank by an appropriate officer to perform an administrative job of a quasi-judicial nature. Therefore, the President, judge advocates and other members are assigned to the Courts- Martial on ad hoc basis. Their terms expire when the trial comes to an end as they are not on full time basis unlike their counter parts in the civilian judicial system. The President and the judge advocates of the courts-martial are also assigned duties while serving as officers of the courts-martial. Therefore, there has been much debate about whether proceedings before a military court or court-martial can meet the standard of a fair and public hearing by a competent, independent and impartial tribunal established by law, as required by the International Covenant on Civil and Political Rights (ICCPR) and regional human rights treaties.1 It should however be noted that sections 134, 169 and 171 of Armed Forces Act provides for the impartiality and fair hearing in courts-martial. Hence, the accused has the right among others to object on reasonable grounds to the President, any member or waiting member of the court-martial and it shall be considered, and provides against double jeopardy, hence, offences already disposed of cannot be retried. Lower and Specialised Courts Nigeria The lower courts are states’ courts which are established by the State’s House of Assembly of each state. These courts include- 22 (i) the Magistrate/District Courts of the states have jurisdictions on both criminal and civil matters. They function as courts of summary judgement. That is, the proceedings in the court are summarily determined. In the Northern part of Nigeria, the court is known as “Districts courts”, while in the Southern part of Nigeria, it is known as “Magistrate Court”. (ii) The Customary Courts adjudicate on Customary law cases and (iii) The Sharia Courts adjudicate Sharia law cases. (iv) Coroner court is a quasi-judicial court that investigates certain deaths which are deemed to be unnatural, violent, or where the cause is unknown under criminal procedure. (v) Juvenile Court are meant specifically for handling cases involving children and young persons who need care and protection of the society. One of the major features of these courts is that charges by the prosecutor are not encouraged. Judgements from these lower courts can be appealed only to their respective higher courts (e.g. judgements from Magistrates Court can only be appealed to the High Court of a state/FCT as the case may be). Quasi-Judicial Courts in Nigeria A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, which can be a public administrative agency but also a contract- or private law entity, which has been given powers and procedures resembling those of a court of law or judge and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties. These bodies are: Election Tribunals; Tax Tribunals; Code of Conduct Tribunal, Professional Disciplinary Tribunals, etc. 23