JURISDICTION (FOR THE PURPOSE OF BAR PART II VERY
IMPORTANT)
The concept of
jurisdiction according to Justice Mohammed Bello, “is the blood that gives life to
the survival of an action in a court of law and without jurisdiction, the
action will be like an animal that has been drained of its blood. It will cease
to have life; any attempt to resuscitate it without infusing blood into it
would be an abortive exercise
The Court of Appeal in Amechi v. INEC (2008) 5 NWLR (Pt.1080) SC
227, stated as follows: “Jurisdiction is a term of comprehensive
import embracing all kinds of judicial action. It is basically the legal right
by which judges exercise their authority to hear and determine the subject
matter in controversy between parties to a suit. It is the basis, foundation
and the conduit of access to court in adjudication under the Nigerian legal
system.”
Furthermore, Jurisdiction
may be Territorial or Geographical and it could be Divisional Jurisdiction (the
judicial division of the court within which to commence an action)
N.B: THE LOCAL VENUE
FOR COMMENCING AN ACTION IS BASED ON RULES OF COURT. FAILURE TO COMMENCE AT THE
APPROPRIATE JUDICIAL DIVISION OF A COURT THAT HAS JURISDICTION IS NOT USUALLY FATAL
AND CAN BE WAIVED
WHILE
STATE OR TERRITORIAL
JURISDICTION IS FUNDAMENTAL AND CAN’T BE WAIVED BY PARTIES…..
Also we have PROCEDURAL
AND SUBSTANTIVE jurisdiction. PROCEDURAL JURISDICTION IS THE MEANS OR METHODS
OF INVOKING THE JURISDICTION OF THE COURT AND CAN BE WAIVED. AN EXAMPLE IS THE
REQUIREMENT FOR SERVING PRE-ACTION NOTICE ON CERTAIN BODIES BEFORE COMMENCING
AN ACTION OR THE INSTITUTION OF A SUIT OR WRIT OF SUMMON
WHILE
SUBSTANTIVE
JURISDICTION IS THE AUTHORITY WHICH A COURT HAS TO DECIDE MATTERS THAT ARE
LITIGATED BEFORE IT OR TAKE COGNIZANCE OF MATTERS PRESENTED IN A FORMAL WAY FOR
ITS DECISION.
Consequently,
in the locus classicus
case of Madukolum v. Nkemdilim (1962) 2SCNLR Pt. 342, the Supreme Court
laid down that a court is competent to adjudicate when:
(a)
It is properly constituted as regards numbers and qualification of the members
of the bench, and no member is disqualified for one reason or another; and
(b)
The subject matter of the case is within its jurisdiction, and there is no
feature in the case which prevents the court from exercising its jurisdiction;
and
(c)
The case comes before the court initiated by the due process of law and upon
fulfillment of any condition precedent to the exercise of jurisdiction.
COURTS
IN NIGERIA
Supreme Court
ESTABLISHED: SECTION
230 (1) CFRN
COMPOSITION:
it is composed of the Chief Justice of Nigeria and not more than 21
Justices.s.230 (2) CFRN 1999.
CONSTITUTION:
at least 5 justices on Appeals from the Court of Appeal while not less than 7
Justices will sit on the following matters (Original jurisdiction):
a.
Disputes between the Federation and a State or between two States
b.
Disputes between the National Assembly and the President
By S. 1 of the Supreme
Court (Additional Original Jurisdiction) Act 2002 and S. 233(2) of the 1999
Constitution as amended three additional exclusive jurisdictions has been
conferred.
c. Disputes between
States.S.232(1)(2),CFRN 1999.
d. Dispute between the
National Assembly and a State of the Federation in so far as the dispute
involves any question whether of law or fact non which the existence or extent
of a legal right depends
e. The National
Assembly and any State House of Assembly
QUALIFICATION
FOR APPOINTMENT AS A JUSTICE OF THE COURT: 15 years post call experience.
See S. 231(3) of the 1999 Constitution as amended.
APPOINTMENT:
it is done by the President on the recommendation of the National Judicial
Council (NJC) subject to confirmation by the Senate. See S. 231 of the 1999
Constitution as amended (applicable not only to the Chief Justice but to all
the justices of the Supreme Court).
APPELLATE
JURISDICTION: Exclusive appellate jurisdiction over
appeals from the Court of Appeal. Appeals to the Supreme Court could be as of
right or with leave. Its decision is final and not appealable. It is the apex
Court in Nigeria. See S. 235 of the 1999 Constitution as amended.
REMOVAL
OF JUSTICES OF THE COURT: the CJN is removed by the
President acting on an address supported by two-third majority of the Senate.
Other Justices of the Court are removed by the President on the recommendation
of the NJC. See S. 292 of the 1999 Constitution as amended.
NOTE: CONDITIONS FOR INVOKING ORIGINAL
JURISDICTION OF THE SUPREME COURT
- Must
be brought by the ATTORNEY GENERAL of the state or
federation-s.20 SC Act
- Subject
matter of dispute must be one where SG/FG are direct beneficiaries-AGF V. AG IMO; PLATEAU STATE V. AGF.
- Must
pertain to existence of a legal right
NOTE: ADDITIONAL
CONDITIONS FOR INVOKING ORIGINAL JURISDICTION OF THE SUPREME COURT BY
NAT.ASS/SHAs.-
This
is provided for in S. 2 Supreme Court
(Additional Original Jurisdiction) Act 2002.
PARAGRAPH
1 AND 2 of the Supreme
Court (Additional Original Jurisdiction) Act 2002.
STATE
HOUSES OF ASSEMBLY
- There
must be a resolution of the house by SIMPLE
MAJORITY OF members
- All
members must be PRESENT AND SITTING
at the time the resolution is put to vote.
NATIONAL
ASSEMBLY ONLY
- Resolution MUST have been passed by BOTH houses.
- The
resolution is by SIMPLE MAJORITY of
members of EACH HOUSE PRESENT AND SITTING at the time of voting.
THE
COURT OF APPEAL
ESTABLISHMENT:
See s. 237 of the 1999 Constitution as amended.
COMPOSITION:
composed of the President and not more than 70 Justices of the Court (See Court
of Appeal Act 2010) but not less than 49.
QUALIFICATION
FOR APPOINTMENT: not less than 12 years post-call
experience with 3 with customary Law knowledge and 3 with Islamic Law
qualification. See S. 238(3) of the 1999 Constitution as amended.
APPOINTMENT:
it is done by the President on the recommendation of the National Judicial
Council (NJC) while the President of the Court’s appointment is subject to
confirmation by the Senate. See S. 238(1) of the 1999 Constitution as amended.
CONSTITUTION:
at least 3 Justices sit on a matter. See S. 239(2) of the 1999 Constitution as
amended.
ORIGINAL
EXCLUSIVE JURISDICTION:
o
It has jurisdiction to determine if a
person has been validly elected to the office of the President or Vice President
o
whether his term of office has ceased
o
The office of President or Vice
President has become vacant.
o
See S. 239(1) of the 1999 Constitution
as amended.
EXCLUSIVE
APPELLATE JURISDICTION: It has exclusive appellate
jurisdiction on decisions from the Federal High Court, High Court of the States
and the FCT, Sharia Court of Appeal, Customary Court of Appeal, National
Industrial Court, Code of conduct Bureau, Court Martial and the National and
State Houses of Assembly Election Tribunals. See S. 240 of the 1999
Constitution as amended.
FINAL
DECISIONS OF THE COURT OF APPEAL:
1. Decisions on appeals
from the National and State Houses of Assembly Election Tribunal are final. See
S. 246(3) of the 1999 Constitution as amended.
2. Decisions on appeals
from the National Industrial Court are final SAVE an appeal on Chapter IV on
Fundamental Rights enforcement will further lie to the Supreme Court. See 255
‘cc’ of the 2nd Alteration Act to the Constitution 2011.
REMOVAL:
same as that of the Supreme Court. see S. 292 of the 1999 Constitution as
amended.
THE FEDERAL HIGH COURT
ESTABLISHED:
S. 249 of the 1999 Constitution as amended.
COMPOSITION:
it is composed of the Chief Judge and such other number of Judges as prescribed
by an Act of the National Assembly.
CONSTITUTION:
at least one judge can sit on a matter. See S. 253 of the 1999 Constitution as
amended.
QUALIFICATION
FOR APPOINTMENT: At least 10 years post-call experience.
See S. 250 (3) of the 1999 Constitution as amended.
APPOINTMENT:
It
is done by the President on the recommendation of the National Judicial Council
(NJC) while the Chief Judge’s appointment is subject to confirmation by the
Senate. See S. 250(1) of the 1999 Constitution as amended.
ORIGINAL
EXCLUSIVE JURISDICTION: it has an exclusive jurisdiction
to sit on the following matters to wit; revenue of the Government/any of its
agencies, taxation of companies and persons subject to Federal taxation,
customs and excise, banks and banking matters, matters arising from the
management of the Companies and Allied-Matters Act, copyright,
admiralty/shipping, diplomatic and trade representation, citizenship and
aliens/extradition, bankruptcy and insolvency, aviation/safety of aircraft,
arms and ammunition, drugs and poisons, mines and minerals; and any matter
related to the decision/act of the Federal Government or any of its agencies.
See S. 251(1) of the 1999 Constitution as amended.
THE STATES AND THE FCT
HIGH COURTS
ESTABLISHED:
S. 270 and S. 255 of the 1999 Constitution as amended respectively.
APPOINTMENT:
The Chief Judge and other Judges of the High Courts of the States are appointed
by the Governor on the recommendation of the National Judicial Council while
the Chief Judge’s appointment is subject to confirmation of the House of
Assembly. See S. 271(1) of the 1999 Constitution as amended.
While foregoing, the
appointment of the Chief Judge and other Judges of the FCT High Court is done
by the President on the recommendation of the National Judicial Council and the
Chief Judge’s appointment is subject to the confirmation of the Senate. See S.
256(1) of the 1999 Constitution as amended.
QUALIFICATION:
at least 10 years post call experience. See S. 271(3) of the 1999 Constitution
as amended.
CONSTITUTION:
at least one judge can sit over a matter. See S. 273 of the 1999 Constitution
as amended.
JURISDICTION
of the State High Courts. Is provided under s.272 of the 1999 Constitution. It
can assume jurisdiction over any civil proceeding, however limited by s. 251 of
the Constitution which deals with exclusive jurisdiction of the Federal High
Court
APPELLATE
JURISDICTION OF THE HIGH COURT. It has appellate
jurisdiction over decisions of Magistrate Courts,Area Courts, Customary Courts
THE NATIONAL INDUSTRIAL
COURT
It is recognised as a
superior Court of Record pursuant to S.6 (altering S. 254’CC’) of the Third
Alteration Act 2010 to the 1999 Constitution and the National Industrial Court
Act 2004.
COMPOSITION:
it
is composed of a President and other number of Judges to be determined by the
Act of the National Assembly.
CONSTITUTION:
at least one judge can sit over a matter or not more than 3 Judges as directed by
the President of the Court. See S. 6 (254E) of the Third Alteration Act 2010 to
the Constitution.
APPOINTMENT:
the appointment of the President and other Judges of the Court is done by the
President on the recommendation of the National Judicial Council and the
President’s appointment is subject to the confirmation of the Senate. See S. 6
(254B) of the Third Alteration Act 2010 to the 1999 Constitution.
QUALIFICATION
FOR APPOINTMENT: A Lawyer with at least 10 years post
call experience and has considerable knowledge in the law and practice of
industrial relations/employment conditions in Nigeria. See S. 6 (254B (3)) of
the Third Alteration Act 2010 to the 1999 Constitution as amended.
JURISDICTION:
see section 7 NICA. It has jurisdiction to try the following matters
notwithstanding the provisions of sections 251, 257 and 272 of the 1999
Constitution as amended:
ORIGINAL
JURISDICTION
1. Related to or
connected with any labour, employment, trade unions, industrial relations and
matters arising from workplace like conditions of service, health, safety etc
2. Relating to or
arising from Factories Act, Trade Dispute Act, Trade Unions Act, Labour Act,
Labour Act and any Law or Act relating to labour/employment etc
3. Relating to the
grant of any Order restraining any person or body from taking part in any
strike, lock-out or any industrial action, or any conduct in contemplation or
in furtherance of a strike, lock-out or any industrial action
4. Relating to any
dispute over the interpretation and application of the provisions of Chapter IV
of the Constitution in relation to employment, labour, industrial relations,
trade unionism, employer’s association or any matter which the Court has
jurisdiction to hear
5. Relating to any
dispute arising from national minimum wage for the Federation or any part
thereof and matters connected therewith
6. Relating to unfair
labour practice or international best practices in labour, employment and
industrial relations matters
7. Relating to any
dispute arising from discrimination or sexual harassment at workplace
8. Relating to the
application or interpretation of international labour standards
9. Connected with child
labour, child abuse, human trafficking or any matter related hereto
10. Relating to the
determination of any question as to the interpretation and application of any
collective agreement, award/judgment of the Court, term of settlement of any
trade dispute, award or order made by an arbitral tribunal in respect of trade
dispute, trade union dispute or employment dispute as may be recorded in a
memorandum of settlement, trade union/ Constitution etc.
11. Relating to the
payment or non-payment of salaries, wages, pensions, gratuities, allowances,
benefits and any other entitlement of an employee, worker, political or public
office holder, judicial officer or any civil or public servant in any part of
the Federation and matters incidental thereto
12. Relating to
appealsfrom decisions of the Registrar of Trade Unions, or matters connected
to, appeals from decisions or recommendations of any administrative body or
Commission of enquiry arising from employment, labour, trade unions or
industrial relations;
13. Relating to or
connected with the registration of collective agreements; and
14. Such other
jurisdiction, civil or criminal and whether to the exclusion of any other Court
or not as may be conferred upon it by an Act of the National Assembly.
See
S. 6(254C) of the Third Alteration Act 2010 to the 1999 Constitution.
APPELLATE
JURISDICTION
1. APPEALS from
decisions of the Registrar of Trade Unions, or matters connected to,
2. APPEALS from
decisions or recommendations of any administrative body or Commission of
enquiry arising from employment, labour, trade unions or industrial relations
THE MAGISTRATE COURTS
It is established by
the State Laws.In the North, they are known as District Courts in the exercise
of their civil jurisdictions.Magistrates are usually appointed by the State
Judicial Service Commissions.
In Lagos, there are no
grades of Magistrate Courts but the limit of damages or monetary claim that the
Court has jurisdiction to impose/award is N10 million. The constitution of the
Court is one.
JURISDICTION OF
MAGISTRATE COURT IN LAGOS
By s.28 of the
Magistrate Court Law 2009, vest civil jurisdiction over:
a. all personal actions
arising from contract, tort, or both, where the debt or damage claimed, whether
as a balance of account or otherwise is not more than ten million naira,
N10,000,000.00 at the time of filling
b. All actions between
landlord and tenant for possession of any land, agricultural, residential or
business premises or house claimed under agreement or refused to be delivered
up, where the annual rental value does not exceed ten million at the time of
filling provided that , in all actions , the claimant may in addition, claim
arrears of rent and mesne profits irrespective of the fact that the
total claim exceed ten million naira
c. Appointment of
guardian ad litem and to make orders, issues and give directions relating to
their appointment; and grant of injunctions or orders to stay, waste or
alienate or for the detention and preservation of any property, the subject of
such action or to restrain breaches of contractor tort, and to handle appeals
from the Customary Court
d. Actions of recovery
of penalties, charges, rates, taxes, expenses, cost of enforcement of statutory
provisions,contributions or other like demands, which may be recoverable by
virtue of any existing law
THE SHARIA COURTS OF APPEAL
In the Federal Capital
Territory, FCT, it is compulsory to have it but for other States of the
Federation it can be established by any State that requires it. See S. 275 of
the 1999 Constitution as amended.
COMPOSITION:
It is composed by the Grand Kadi and other Kadis as prescribed by the House of
Assembly of the States or the National Assembly if it relates to the FCT. See
S.275 (2) (b) of the 1999 Constitution as amended.
QUALIFICATION
AND APPOINTMENT: it is either a legal practitioner with
10 years post-call experience with a recognized certificate in Islamic Law OR a
non-lawyer who is an Islamic scholar from an approved institution with an
experience of not less than 10 years. See S.276 (3) of the 1999 Constitution as
amended.
JURISDICTION:
it only has appellate jurisdiction from lower Courts (e.g. Area/Sharia Courts)
on Islamic personal Law. See S.277 of the 1999 Constitution as amended.
CONSTITUTION:
it is presided by at least 3 Kadis. See S. 278 of the 1999 Constitution as
amended.
THE
CUSTOMARY COURT OF APPEAL OF THE FCT
AND THE STATES
In the Federal Capital
Territory, FCT, it is compulsory to have it but for other States of the
Federation it can be established by any State that requires it. See S. 280 of
the 1999 Constitution as amended.
COMPOSITION:
it is composed by the President and other Judges. See S. 280 (2) of the 1999
Constitution as amended.
QUALIFICATION,
APPOINTMENT AND REMOVAL: apply that of the FCT High Court
for the Customary Court of Appeal of the FC T while that of the State High
Courts for the ones in the States.
CONSTITUTION:
by at least 3 Judges of the Court. See S. 283 of the 1999 Constitution as
amended.
JURISDICTION:
it
has appellate and supervisory jurisdiction on civil matters involving questions
of customary Law. See S. 282 of the 1999 Constitution as amended.
THE ELECTION TRIBUNALS
ESTABLISHED:
see S. 285 of the 1999 Constitution as amended.
Types of Election
Tribunals are:
1. THE COURT OF APPEAL: It sits only on Presidential Election in its
original jurisdiction. See S. 239(1) of the 1999 Constitution as amended
2. THE NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION PETITION TRIBUNALS:It
sits on petitions from the States and Federal Legislative Houses elections.
3. GOVERNORSHIP ELECTION TRIBUNAL: It sits on petitions arising from
gubernatorial elections of the States.
APPOINTMENT:
The Chairman and other Members of the Tribunals are appointed by the President
of the Court of Appeal in consultation with the Heads of the Courts of a State.
QUALIFICATIONS:
It is either a Judge of the High Court, Customary Court or at least a Chief
Magistrate. See the Sixth Schedule to the 1999 Constitution as amended.
COMPOSITION:
it is composed of a Chairman and two (2) members. See the Sixth Schedule to the
2nd Alteration Act of the 1999 Constitution as amended.
CONSTITUTION:
it is composed of a Chairman and two (2) members.
QUORUM:
a
Chairman and one (1) member
REMOVAL: by the President of
the Court of Appeal.
NB: The time for the presentation of
election petition is within 21 days after
the declaration of results. Judgment of
the Tribunal is to be given within 180 days of the filling of the Petition. Appeals arising from
election Tribunals are to be dealt with within 60 days of the delivery of the
judgment.
The Federal High Court
now has Original Jurisdiction on:
a.
pre-election or party matters; and
b.
to decide whether a person has been validly elected, or the term of office has
elapsed of the members of the National Assembly or the State House of Assembly.
See S. 27 of the First Alteration Act 2011 to the 1999 Constitution.
