The Problems Facing the Nigeria Judiciary System
THE PROBLEMS FACING THE NIGERIA JUDICIARY SYSTEM
THE JUDICIAL SYSTEM IN NIGERIA
Nigeria operates a federal political structure under the Constitution of the Federal Republic of Nigeria, 1999. The Federation consists of 36 (thirty six) States and a Federal Capital Territory. This constitution vests the legislative, executive and judicial powers of the Federal Republic of Nigeria in the National Assembly, the Executive and the courts established there under respectively. The powers of the States are vested in similar organs, except that the legislative organ of the States is known as the House of Assembly.
By virtue of Section 6 (1) of the Nigerian Constitution 1999 the following courts are established in the Federal Republic of Nigeria:
1. The Supreme Court of Nigeria; the Court of Appeal; the Federal High Court; the High Court of the Federal Capital Territory, Abuja; a High Court of a State; the Sharia Court of Appeal of the Federal Capital Territory, Abuja; a Sharia Court of Appeal of a State; the Customary Court of Appeal of the Federal Capital Territory, Abuja and a Customary Court of Appeal of a State The courts established by the Constitution are the only superior courts of record in Nigeria. The Constitution empowers the National Assembly and the Houses of Assembly to establish courts with subordinate jurisdiction to the High Courts. Courts established pursuant to the Constitution are invariably inferior courts of record notwithstanding the status of the officer presiding in the courts. The Supreme Court is the highest court and all decisions from the court are binding on all other courts. In Nigeria, the state court structure dovetails into the federal court structure at the level of the Court of Appeal. The Court of Appeal entertains appeals from the decisions of the High Courts, the Sharia Courts of Appeal and the Customary Courts of Appeal. Appeals from the decisions of the Court of Appeal go to the Supreme Court. In effect the Supreme Court is not
THE JUDICIAL SYSTEM IN NIGERIA
Nigeria operates a federal political structure under the Constitution of the Federal Republic of Nigeria, 1999. The Federation consists of 36 (thirty six) States and a Federal Capital Territory. This constitution vests the legislative, executive and judicial powers of the Federal Republic of Nigeria in the National Assembly, the Executive and the courts established there under respectively. The powers of the States are vested in similar organs, except that the legislative organ of the States is known as the House of Assembly.
By virtue of Section 6 (1) of the Nigerian Constitution 1999 the following courts are established in the Federal Republic of Nigeria:
1. The Supreme Court of Nigeria; the Court of Appeal; the Federal High Court; the High Court of the Federal Capital Territory, Abuja; a High Court of a State; the Sharia Court of Appeal of the Federal Capital Territory, Abuja; a Sharia Court of Appeal of a State; the Customary Court of Appeal of the Federal Capital Territory, Abuja and a Customary Court of Appeal of a State The courts established by the Constitution are the only superior courts of record in Nigeria. The Constitution empowers the National Assembly and the Houses of Assembly to establish courts with subordinate jurisdiction to the High Courts. Courts established pursuant to the Constitution are invariably inferior courts of record notwithstanding the status of the officer presiding in the courts. The Supreme Court is the highest court and all decisions from the court are binding on all other courts. In Nigeria, the state court structure dovetails into the federal court structure at the level of the Court of Appeal. The Court of Appeal entertains appeals from the decisions of the High Courts, the Sharia Courts of Appeal and the Customary Courts of Appeal. Appeals from the decisions of the Court of Appeal go to the Supreme Court. In effect the Supreme Court is not
References: Akande, J.O. The Constitution of the Federal Republic of Nigeria 1999 with annotations Lagos: MIJ Professional Publishers, 1999. Babalola, A. Injunctions and Enforcement of Orders Ile-Ife: Obafemi Awolowo University Press, 2000. Ola C.S. Criminal Responsibilities and Defences under the Nigerian Law Lagos: CSS Ltd., 2001. Ola, C.S. Company law in Nigeria Ibadan: Heinemann Educational Books (Nig.), 2002. Nigerian Law Journal (Journal of the Nigerian Association of Law Teachers) The Journal of Private and Property Law (Journal of the Department of Private & Property Law, University of Lagos) Obilade, A. O. The Nigerian Legal System Ibadan: Sweet & Maxwell, 1979.