NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
The Federal Courts and Tribunals The Supreme Court, the Court of Appeal, the Federal High Court and the National Industrial Court, the High Court of the Federal Capital Ter- ritory, the Sharia Court of Appeal of the Fed- eral Capital Territory and the Customary Court of Appeal of the Federal Capital Territory are all federal courts. There are also specialised tribu- nals such as election tribunals, the Investments and Securities Tribunal, the Code of Conduct Tribunal, the Competition and the Consumer Protection Tribunal. The Commercial Courts, Family and Probate Courts, and Small Claims Courts While no special courts are established as administrative courts, some courts are desig- nated as commercial courts, family and probate courts, and small claims courts. Certain subject- matter falls exclusively within the jurisdiction of the different courts already stated above. For example, state High Courts handle family/pro- bate cases, while the magistrates’ courts act as small claims courts. Timeframe The amount of time it takes for a matter to get to trial from the commencement of proceedings depends on the court. For superior courts, it typically takes between five and 24 months. For inferior courts, it typically takes between three and nine months. 1.3 Court Filings and Proceedings Court proceedings in Nigeria are generally open to the public, except for reasons such as pub- lic defence, public safety, public order, public morality, welfare of minors, or to protect the privacy of the parties. Similarly, court filings are accessible to the public, as they are considered public records.
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 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 jurisdiction. For example, the Federal High Court has exclusive jurisdiction over matters such as the admiralty, aviation, banking, intellectual property, and taxation mat- ters. The High Courts of the states have residual jurisdiction to hear and determine any civil pro- ceedings in which the existence or extent of a legal right, power, duty, liability, privilege, inter- est, obligation or claim is in issue. The National Industrial Court is focused exclusively on labour, employment and related matters. The Inferior Courts Beneath these are inferior courts such as mag- istrate/district courts, which deal with less seri- ous civil and criminal matters at the lower level. In Northern Nigeria, there are Sharia courts that apply Islamic law in personal and family mat- ters, while customary courts in Southern Nigeria handle cases based on indigenous customs and traditions. Each level of inferior court operates within its designated jurisdiction, and higher courts within the same state review the deci- sions of these inferior courts by way of the hear- ing of appeals. With the exception of the courts in the Federal Capital Territory, the inferior courts are usually established by state (rather than fed - eral) laws.
1034 CHAMBERS.COM
Powered by FlippingBook