NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
G Elias 6 Broad Street Lagos 30 Mediterranean Street Maitama Federal Capital Territory Abuja Nigeria Tel: +234 201 4607 890 Email: gelias@gelias.com Web: www.gelias.com
1. General 1.1 General Characteristics of the Legal System Nigeria is a common law jurisdiction due to its colonial history and the influence of the English legal system. Nigeria’s legal system is a blend of English-received law, statutes and judicial precedents, customary law and Islamic law. English judicial authorities continue to have a persuasive (although not binding) influence in Nigeria. Nigeria’s judicial system is adversarial. Parties are required to present their cases before impartial judges who then reach decisions by applying legal rules to facts presented by the parties. Cases in Nigeria are conducted using a combination of pleadings, witness statements, affidavit evidence, oral arguments and written submissions. To ensure speed and efficiency, court papers and written sub- missions are “frontloaded” to the courts and adopt- ed during proceedings. Oral arguments now have a greatly reduced role in court proceedings. However, by the rules of the courts, parties may be allowed rea- sonable time to make oral submissions at hearings. 1.2 Court System Nigeria is a federation consisting of a federal govern- ment and 36 component states. There are federal and state trial and appellate courts.
The Supreme Court The Supreme Court of Nigeria is the final appellate court for civil and criminal matters. The decisions of the Supreme Court (which hears appeals from the Court of Appeal) are final and binding on all other courts in the country. The Supreme Court also exercis- es original jurisdiction in respect of disputes between the federation and state(s), among the states, between the National Assembly and the president of Nigeria, and between the state houses of assembly and states. The Court of Appeal The Court of Appeal is next to the Supreme Court of Nigeria in the hierarchy with various divisions across the country. The Court of Appeal hears both civil and criminal appeals from various courts including the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, and the High Courts of the states. The Court of Appeal has original jurisdiction to hear and determine presidential election petitions. The Federal High Court, National Industrial Court, High Court of the Federal Capital Territory, and the High Courts of the States Next in the hierarchy are the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, and the High Courts of the states. Each of these courts has its own subject-matter and territorial jurisdiction. For example, the Federal High Court has exclusive jurisdiction over matters such as the admiralty, aviation, banking, intellectual property, and taxation matters. The High Courts of the states
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