Hireachy of court in nigeria
The Supreme Court is the highest courts in Nigeria established in 1963 when Nigeria had a republican status. Prior to 1963 the courts of England was the highest courts in Nigeria. Presently the supreme courts of Nigeria is established in section 230 of the C. F. R. N. The supreme courts of Nigeria is composed with the chief justice which is the head of the courts and such that the number of justices do not exceed 21. The Supreme Court has original jurisdiction and appellant jurisdiction. A court is said to have appellant jurisdiction when it has drawn an appeal. There are basically five original jurisdiction of supreme courts.
Two are stated in the constitution S. 232(1) therein I. Any dispute between federal government and state government II. State and state By virtue of the supreme courts and addition original jurisdiction Act, in exercise of the power contained in section 232(2) a)National assembly . v. state b)National Assembly . V. President c)National Assembly . V. State house of Assembly. The Appellant jurisdiction of the Supreme Court is drawn from the court of appeal. Note that the supreme courts is appropriately constituted when five judges are sitted in the exercise of original jurisdiction.
Hireachy of court in nigeria Essay Example
Secondly, when listening to any constitutional matter. Thirdly, when hearing any matter based on fundamental human right. The court is appropriately constituted with seven justices Note also that by virtue of section 235 of the C. F. R. N the decision of the Supreme Court is final. COURT OF APPEAL Court of appeal is the second highest court in Nigeria, it is next in hierarchy to the supreme court under Nigeria judiciary system. It was first established by 1976 but it is currently established by S. 237 (1) of the C. F. R. N 1999.
The court also have both original and appeal jurisdiction. It’s original jurisdiction is as stated in section 239 of the C. F. R. N to include the following three matters. Whether 1. the president or vice president has been validly elected into the office 2. weather the tenure of vice-president or president has ceased 3. weather the sit are vacant The appeal jurisdiction of the court of appeal is as started in section 240 to include appeals from the federal high court, state high court, sharia court of appeal, customary court of appeal, court marshals, including court tribunal.
The head of court of appeal is known as the president of the court of appeal. The court is composed of the president and such other justice not less than 49 of which not less than 3 shall be learned in Islamic law and not less than 3 shall be learned in customary law. NOTE: the court of appeal is appropriately constituted with 3 justices FEDERAL HIGH COURT The federal high court was established in 1973 as the federal revenue court but was re-christened the federal high court in 1979. Presently it is established under section 249 of C.
The federal high court has exclusive original jurisdiction in the matters listed in section 251 of the C. F. R. N 1999 including such matters as (i)Federal government revenue (ii)Taxation (iii)Customs excise (iv)Matters related to banking (v)Diplomatic matters (vi)Aviation and safety of aircraft (vii)Arms and ammunition including explosives (viii)Drugs and poisons (ix)Administration, management and control of the federal government and agencies. E. t. c (x)Mines and minerals.
The court is heated by a chief judge and such other judges that as maybe appointed and prescribe by the act of a national assembly. Note that federal high court is appropriately constituted if it sits with at least one judge. STATE HIGH COURT The state high court is the highest court established for a state of the federation. It can be regarded as the apex court in every state. It is currently established by section 270 of the C. F. R. N 1999. It is headed by a chief judge as such other judges as may be appointed by the governor.
The court can be regarded as the court with the widest jurisdiction in our land. It has original jurisdiction and appellant jurisdiction and supervisory jurisdiction. Note that prior to the coming into force of the 1999 constitution the state high court hitherto had unlimited jurisdiction. There is no longer so because section 251 of the C. F. R. N now subject of jurisdiction of the state high court to that of the federal high court and goes further to state that the federal high court and goes further to state that the federal high court jurisdiction is exclusive.
Note that the state high court is appropriately constituted with at least one judge. Its original jurisdiction covers matters in which the existence of the legal right power, duty, liability, privilege, interest, obligation or claim is in issue especially as it relates to civil proceedings. Its appellate jurisdiction emanates from the magistrate and district court by its supervisory jurisdiction, the court is empowered to issue prerogative writ including mandamus, certiorium, heabes corpus. The state high court is the court that supervises other inferior court situate that particular state.
NATIONAL INDUUSTRAL COURT OF NIGERIA The national industrial court was first established via the trade union act 1976. Later it was re-established via the national industrial court act 2006. At establishment the court was one which should entertain matters relating to industrial actions and collective bargain it was debatable whether the court was a superior court of heard that controversy has now be fully settled by the constitution of the federal republic of Nigeria. (Third alteration) act 2010act no 3 which came into force on the march 4th 2011.
By virtue of that amendment of the national industrial court is now listed as a superior court of record by inserting a new paragraph (cc) after existing paragraph (c) of section 6 of the constitution of the federal republic of Nigeria 1999. The court is headed by the president with such other number of judges as many be prescribed by an act of the national assembly. The national industrial court exercises jurisdiction as stated by the amended section 254c of the C. F. R. N to the exclusion to any other court in the following civil matters