COURTS WITH CIVIL JURISDICTION IN NIGERIA

In MADUKOLU V. NKEMDILI(1862) SCNLR 341, Court is said to have jurisdiction where:

The court is properly constituted in terms of numbers and qualifications of members of the bench.

The subject matter of the case is within its jurisdiction

The case is properly instituted by due process of law

Fulfillment of any condition precedent to the exercise of jurisdiction for instance service of pre-action notice etc.

These following Courts have civil jurisdiction in Nigeria, the Supreme Court, Court of Appeal, Federal High Court, High Court of the FCT, High Courts of various State in the Federation, Magistrate Court, National Industrial Court, Customary Court of Appeal of the of the FCT, Customary Court of Appeal of a State, Sharia Court of Appeal of a State, Area Court, District Court etc

They are either established under the Constitution or by a specific state legislation.

 We shall limit our discussion to the establishment, composition, appointment, qualification, jurisdiction and constitution of the Supreme ourt.

Supreme Court

Establishment: S.230, 1999 constitution

Composition: Supreme Court consists of the Chief Justice of Nigeria and such number of justices not exceeding 21 s. 230 (2) 1999 constitution.

Appointment : all the Justices of the Supreme Court are appointed by the President of the Federation on the recommendation of the National Judicial Council (NJC) and subject to confirmation of the Senate S. 231(1) -(2), 1999 Constitution

Qualification: must be qualified and has been so qualified to practice as legal practitioner in Nigeria for a period not less than 15 years S. 231(3), 1999 constitution

JURISDICTION: Supreme Court has both original and appellate jurisdiction

Original Jurisdiction

Dispute between Federation and a State

Dispute between States, S. 232 (1) (2), 1999 constitution

Dispute between National Assembly and any State House of Assembly

Dispute between National Assembly and a State of the Federation, S.232 1999 Constitution, S. 1 Supreme Court (Additional Original Jurisdiction) Act, 2002.

In AG FEDERATION V. AG. ABIA STATE AND 36 ORS (2002) 6 NWLR (part 763) pg. 264,  before the National Assembly can institute any suit there must be a resolution passed by the simple majority of members in the sitting approving the suit, S. 2, Supreme Court (Additional Original Jurisdiction) Act 2002.

Parties in the suit shall be:

National Assembly, Speaker of the House of Assembly  (in a suit involving state House of Assembly) S. 3 supreme court (Additional Original Jurisdiction) Act 2002.

Appellate jurisdiction

 The Supreme Court have exclusive appellate jurisdiction over appeals from the Court of Appeal S. 233, 1999 constitution.

Appeal to the Supreme Court could be as of right of with leave.

APPEAL AS OF RIGHT S. 233(2) a-f

Grounds of appeal involves question of law alone

Question involving interpretation or application of the constitution

Question on chapter 1v ( fundermental rights

Appeal against sentence of death

Question involving validity of election of the president or vice or the office has ceased or the office is vacant.

Such other matter as may be conferred by the act of the national assembly

APPEAL WITH LEAVE S. 233(3)

Any other instance not included in s. 233(2)

Appeal by an interested party who was not an original party to the proceeding at the court of appeal s. 233(5)

CONSTITUTION

The supreme court shall constitute of at least 5 justices

But 7 justices (full court) when:

Appeal involves interpretation or application of the constitution

Appeal involves question bordering on chapter IV of the constitution

It is exercising its original jurisdiction, s. 234, 1999 constitution.

Justices of the Supreme Court of Nigeria have a mandatory retirement age of 70