The conditions that must be met in order for the courts to declare themselves competent have been decided by the courts. A court has jurisdiction only if: – Often, some law practitioners and students misunderstand the jurisdiction of the court at three levels: (a) subject matter jurisdiction, (b) territorial jurisdiction, and (c) divisional or subterritorial jurisdiction. For example, a court may have jurisdiction over movable property or a contract, but if the movable property is located in Zone A or if the contract is concluded there and the court is located in Area B, the question arises as to whether the court (in Area B) has jurisdiction. If the contract was concluded and performed in Chamber C of Zone B, the question also arises whether a court of Chamber D of Zone B has jurisdiction in the matter. In Bureau Veritas Nigeria Limited v. Ikeogu answered those questions as follows: The Federal Court of Justice has jurisdiction to hear appeals against decisions of courts of appeal established under the provisions of the Corporate Income Tax Act 2004 and the Income Tax Act; customs, immigration and prison authorities, magistrates` courts for civil or criminal matters referred to these courts in accordance with the provisions of the Federal Court Act; any other body established by the Federal Act on matters over which the Federal Court of Justice may exercise this competence. [18] A question that often arises before the courts is which action or remedy determines the jurisdiction of the court when there are several actions and remedies, some of which are not implicitly within the jurisdiction of the court concerned, or even more complicated, whether the court should have jurisdiction over all claims or remedies. At Oloruntoba-Oju & Ors. v. Dopamu & Ors. (2008) LPELR -2595 (SC) p. 19 para. A-B, Per Oguntade JSC, stated: „The jurisdiction of the court depends on the subject matter of the action and not on the action relating to the injunction, which was an ancillary restriction and depends on the principal claim.” The first group of courts consists of the lower registration courts.
The lower courts are not inferior because they are inferior or of poor quality, they are inferior in the legal sense because they are courts established by laws other than the Constitution of the Federal Republic of Nigeria. This is an explanation of the judicial system in Nigeria. Want to know how to become a judge? Read our article here – How to become a judge in Nigeria As a sovereign and independent African nation, Nigeria has a legal system that is „the set of laws or legal rules and legal mechanisms that apply to Nigeria”. In Bureau Vertias (Nigeria) Limited v. Thomas, the court summarized the principles of jurisdiction as follows: The question of whether a court has jurisdiction may be raised at any stage of the proceedings, even for the first time on appeal. If a court does not have the necessary jurisdiction to hear and decide a case in advance, any action taken in this regard is null and void. Lack of jurisdiction underscores the lack of legal capacity and the Tribunal`s lack of competence to hear and decide the case before it. Lack of jurisdiction necessarily means that the court does not have jurisdiction to exercise the jurisdiction conferred on the courts by Article 6 (6) (b) of the Constitution of the Federal Republic of Nigeria 1999, and any decision or judgment rendered with lack of jurisdiction is null and void. The judgments of these lower courts may only be challenged in their respective superior courts in their respective jurisdictions or states. In Nigeria, the basis for the jurisdiction of the courts is the Constitution of the Federal Republic of Nigeria. Under the 1999 Constitution of the Federal Republic of Nigeria, all courts in the Federation derive their jurisdiction from the Constitution. In Nigeria, there are several ways of classifying courts, but the most important type of classification is that of higher registration courts and subordinate registration courts.
[8] v. The action is brought in accordance with due process of law; and d. All conditions precedent for the exercise of its jurisdiction are met. The Queen in Parliament served as Nigeria`s basic standard during the colonial period. When Nigeria gained independence and the constitution was promulgated as the country`s fundamental legislation, this attitude changed dramatically. Due to historical factors, the Nigerian legal system is part of the common law system. Jurisdiction is „the power of a court to decide a case or render a judgment.”11 The rules of jurisdiction speak of a position outside the judicial system and prescribe the authority of the courts within the system. These are largely constitutional rules. The Constitution establishes the outer limits of the subject matter jurisdiction of the federal courts and empowers Congress, within those limits, to determine by law the organization and jurisdiction of the federal courts.
The Federal High Court, the High Court of the Federal Capital Territory of Abuja, the Sharia Court of Appeal, the Customary Court of Appeal, the State High Court, the Sharia Court of Appeal, the Customary Court of Appeal and the National Labour Court are all superior courts of the Nigerian judicial system to the Court of Appeal. The Supreme Court`s appellate jurisdiction gives it exclusive jurisdiction to hear and decide appeals from the Court of Appeal. In other words, an appeal can only be appealed to that court against the decisions of the court. [12] The principle was reinforced in UBA v. Dowbex International Limited, where it was stated: „The law is trivial that an ancillary claim can only be decided by the court having jurisdiction over the main claim. See AWONUSI OMOLARA MARY V AWONUSI GBOLADE (2015) LPELR – 25794 (CA) per Danjuma JCA; BASIL EGBUONU V BORNU RADIO TELEVISION CORPORATION (1997) LPELR – 1040 (SC) per IGUH JSC at page 22. In UNIVERSITY OF ILORIN TEACHING HOSPITAL V DR. DELE ABEGUNDE (2013) LPELR – 21375 (CA), the court ruled defining ancillary claim as follows: „It is trivial that if a party`s principal claim fails, ancillary claims that serve as appendix will also fail. This cardinal principle was rejected by the Supreme Court in Fagunwa v Adibi (supra) and Akinduro v.
Alaya (2007) 15 NWLR {pt. 1057} 312. The authorship of the principle goes back to the Latin maxim: Accessorium sequitur principal – an accessory thing belongs to the principle to which it is incidental, see Tukur v. Government of the State of Gongola (1989) 4 NWLR {Pt. The court also has jurisdiction over matters relating to high treason, high treason and related crimes. [16] A nation`s legal system is essential to maintaining law and order in that nation. The legal order is the foundation on which peace, order, justice and development of the nation depend. The courts play a central role in the organization and maintenance of the legal order. This applies to Nigeria. This article examines the Nigerian legal system, in particular the hierarchy of courts in Nigeria, the jurisdictional boundaries of different Nigerian courts, and the appellate system of Nigerian courts. As the Court of Appeal did in NDIC v. Davies: „The importance of a tribunal`s jurisdiction cannot be overstated.
The issue of competence has been highlighted in many cases, as it is the lifeline of all processes. Any proceeding conducted without jurisdiction or without jurisdiction is null and void. NB: This article does not constitute legal advice and should not be construed as such. All information provided is for general purposes only. For more information, please contact chamanlawfirm@gmail.com This article focuses on the jurisdiction of courts in Nigeria. But before looking at the types of courts in Nigeria and the extent of their jurisdiction. Ideally, this discourse begins by examining the meaning and importance of jurisdiction, the effect of decisions rendered by a court or tribunal without jurisdiction, and the necessary ingredients that must be present for a court or tribunal to competently exercise jurisdiction over an application filed with it. The Shari`a Court of Appeal consists primarily of a Court of Appeal and has the power to hear and decide appeals on issues of Islamic personality rights arising from decisions of the Supreme District Court and a District Court of Level I or II in civil proceedings concerning a matter of Islamic personal law within its territorial jurisdiction. [27] It should be noted that land matters do not fall within the jurisdiction of the Court, even if the parties to the dispute are Muslims.
[28] Each state of the Federation and the Federal Capital Territory has a federal court.