NIGERIA Law and Practice Contributed by: Tayo Oyetibo LP
jurisdiction over labour and employment matters), courts-martial, coroners’ courts and juvenile courts. Finally, certain disputes are determined in the first instance by administrative and regulatory bodies, including tribunals and commissions, established under various statutes. Decisions of such bodies are generally subject to judicial review or appeal before the regular courts. Overall, the Nigerian court structure reflects a multi- tiered system designed to accommodate general, specialised and appellate adjudication within a con- stitutionally defined framework. 2.3 Pre-Action Conduct Certain Nigerian courts impose pre-action conduct requirements, typically contained in their Rules of Court and applicable Practice Directions. These requirements often mandate the issuance of pre- action correspondence and, in appropriate cases, the exploration of alternative dispute resolution mecha- nisms prior to the commencement of litigation. In addition, a number of statutes prescribe mandatory pre-action notice requirements as a condition prece- dent to instituting proceedings against specified gov- ernment agencies and public authorities. Such provi- sions are intended to afford the prospective defendant advance notice of the intended action and an oppor- tunity to consider settlement or otherwise prepare an adequate defence before litigation is commenced. The underlying rationale for pre-action notice require- ments is therefore twofold: first, to encourage the amicable resolution of disputes without recourse to litigation; and secondly, to ensure procedural fairness by enabling the defendant to be properly apprised of the potential claim. It is well settled that where a statute expressly requires the service of a pre-action notice, compliance is man- datory, unless validly waived by the party entitled to rely on it. Failure to comply with such a requirement renders the action incompetent and liable to be struck out. In effect, the court’s jurisdiction is held in abey- ance pending compliance with the statutory condition precedent.
Accordingly, non-compliance with mandatory pre- action requirements is typically fatal to proceedings, as it deprives the court of the jurisdiction to entertain
the matter until the defect is cured. 2.4 Stages of Court Proceedings
Court proceedings in Nigeria are broadly divided into civil and criminal processes, each following a struc- tured sequence of procedural stages designed to ensure fair hearing and orderly adjudication. Civil Proceedings Civil actions are typically commenced by the filing of an originating process, which may take the form of a writ of summons originating summons originating motion or petition, depending on the nature of the claim. Upon filing, the originating process is served on the defendant, who is required to enter an appearance and file a statement of defence within the prescribed time. Failure to do so may entitle the claimant to seek judgment in default of pleadings. Following the exchange of pleadings and the joinder of issues, the matter proceeds to case management. In jurisdictions such as Lagos State, this takes the form of a Case Management Conference (CMC) under the High Court Rules, during which the court consid- ers interlocutory applications, defines issues for trial and actively explores settlement, including referral to alternative dispute resolution mechanisms. Where settlement is not achieved, the matter proceeds to trial. At this stage, parties present evidence through witnesses, who take their written depositions on oath and are cross-examined. Upon the close of evidence, counsel files and adopts written final addresses. Judgment is thereafter delivered in writing. Pursuant to Section 294 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), judgment must be delivered within 90 days of the conclusion of final addresses. Criminal Proceedings Criminal proceedings generally comprise four princi- pal stages:
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