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LAW 111/101– Introduction to Legal Method

1.0 Introduction

In our previous discussions, we’ve dealt with the processes of lawmaking and the drafting of legislation. However, laws are meaningless if there’s no institution to interpret, apply, and enforce them. That’s where the court system comes in. Today, we’ll be exploring the structure of the Nigerian court system—the “temple of justice,” as it’s often called.

The court is not just a building—it is an institution where justice is administered in accordance with the law. Knowing how this system operates is crucial for every law student.

2.0 Objectives

By the end of this lecture, you should be able to:

• Understand the structure and hierarchy of courts in Nigeria.
• Identify the various types of courts within the judicial system.
• Appreciate the roles played by different courts in the administration of justice.
• Understand how appeals move through the court hierarchy.

3.0 The Structure and Systems of Nigerian Courts

The Nigerian legal system is rooted in the English common law tradition, but it also reflects the country’s federal structure and its cultural diversity. Therefore, the court system in Nigeria is made up of different types of courts that serve varying functions.

Broadly, there are two categories of courts in Nigeria:

1. Superior Courts of Record (Established under the Constitution)
2. Inferior Courts or Courts of Limited Jurisdiction (Created by laws of the National or State Assemblies)

Let’s look at the Superior Courts of Record:

• Supreme Court of Nigeria: This is the apex court—the final court of appeal in the country. Its decisions are binding on all other courts.
• Court of Appeal: Hears appeals from lower courts and also exercises original jurisdiction in presidential election petitions.
• Federal High Court: Has jurisdiction over matters such as revenue, banking, immigration, and copyright, among others.
• State High Courts: These are courts of general jurisdiction at the state level.
• National Industrial Court: Deals with labour and employment-related disputes.
• Customary Court of Appeal (Federal and State): Handles appeals on customary law matters.
• Sharia Court of Appeal (Federal and State): Deals with Islamic personal law matters.

Other courts include:

• Magistrate Courts: Handle minor civil and criminal cases.
• Customary Courts and Area Courts: Handle cases governed by customary or Islamic law at the lower level.

4.0 Hierarchy of Courts in Nigeria

To understand how legal authority flows, you must understand the hierarchy of courts. This refers to the ranking of courts based on their powers and jurisdictions.

At the top of the hierarchy:

• Supreme Court of Nigeria: This is the court of last resort. Its interpretation of the law is final.

Next level:

• Court of Appeal: Divided into judicial divisions across the country, it hears appeals from both federal and state courts.

Middle-level courts:

• Federal High Court and State High Courts: These have coordinate jurisdiction but handle different subject matters.

Specialist appellate courts:

• Sharia Court of Appeal and Customary Court of Appeal: These courts hear appeals from lower courts on matters of Islamic or customary law, respectively.

Lower courts:

• Magistrate Courts, Customary Courts, and Area Courts: These form the base of the hierarchy and handle less serious matters.

This hierarchical structure ensures orderliness in the dispensation of justice and provides room for appeals and judicial review.

5.0 Summary

• The Nigerian court system is composed of both federal and state courts.
• Courts are classified into superior and inferior courts.
• The Supreme Court sits at the apex of the court hierarchy.
• Different courts handle different types of matters, including civil, criminal, labour, Islamic, and customary law issues.
• Appeals flow upward through the hierarchy—from Magistrate/Area Courts all the way to the Supreme Court.

6.0 Conclusion

The court system is the backbone of the legal order in Nigeria. Without it, laws would have no force, and rights would be empty promises. A good understanding of the structure and hierarchy of Nigerian courts helps us appreciate how justice is administered and how the rule of law is preserved.

As future lawyers, judges, and legal scholars, your fluency in this topic is foundational. It will help you navigate legal processes, understand court judgments, and appreciate the workings of our judicial system.

7.0 Tutor-Marked Assignment (TMA)

1. List and explain five superior courts of record in Nigeria.
2. Describe the jurisdiction of the Federal High Court.
3. Explain the role of the Supreme Court in the Nigerian legal system.
4. Compare and contrast the State High Court and the Sharia Court of Appeal.
5. Draw and label the hierarchy of courts in Nigeria.

8.0 References

• Constitution of the Federal Republic of Nigeria, 1999 (as amended)
• Ese Malemi, The Nigerian Legal System, Princeton Publishing Co.
• T.O. Elias, The Nigerian Legal System, London: Routledge
• Sagay, I.E., Nigeria: Constitution, Government and Politics
• Judicial Powers and the Courts, National Judicial Council Publications.