Keith Mack
Nigeria has four distinct legal systems: English law, common law, customary law, and Sharia law. The country's highest court is the Supreme Court, which is based in Abuja and hears appeals from the Court of Appeal. The Court of Appeal has multiple divisions across the country to bring justice closer to the people. Below the Supreme Court and Court of Appeal are the Federal High Court, the High Court of a state/FCT, the Customary Court of Appeal of a state/FCT, and the Sharia Court of Appeal of a state/FCT. Nigeria's legal system also includes special courts and tribunals, such as the Code of Conduct Tribunal, which deals with corruption complaints against public servants. The country's criminal code and penal code reflect its colonial history and religious divisions between the north and south. Nigeria's case law, therefore, reflects a complex interplay of various legal traditions and influences.
| Characteristics | Values |
|---|---|
| Court structure | The Supreme Court is the highest court in Nigeria, with the Court of Appeal and Federal Court of Appeal below it. |
| Court jurisdiction | The Supreme Court is mainly a court of appellate jurisdiction and is the final appeal court. The Court of Appeal has original jurisdiction for presidential and vice-presidential election petitions. |
| Legal systems | There are four distinct legal systems in Nigeria: English law, Common law, Customary law, and Sharia Law. |
| Criminal law | The Nigerian Criminal Code applies only to the southern, Christian-dominated states, while the Nigerian Penal Code or Penal Code of Northern Nigeria applies to the northern, Muslim-dominated states. |
| Case law examples | Alade v. the Federal Republic of Nigeria, Sasegbon on Election Petitions |
| Human rights law | Human rights law requires prosecution authorities to demonstrate "special diligence" in preparing cases to minimise pre-trial detention. |
| Detention regulations | The police may not detain a suspect for more than 48 hours without a court order, and a judge must provide reasons for remanding an individual in custody. |
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What You'll Learn
Nigerian case law and the influence of English law
The Nigerian legal system is heavily influenced by English law due to the country's colonial history with England. English laws form a large part of Nigerian laws, and Nigerian jurists in the formative period were trained in the English legal system. The English law applicable in Nigeria can be categorised into two types: Extended English Law and Received English Law.
Extended English Law refers to laws that were extended to Nigeria by the force of their own provisions or by imperial extension. These laws consist primarily of statutes and subsidiary legislation, such as Acts of the UK Parliament and prerogative Orders in Council by the crown for Lagos. The extended English laws that remain in force in Nigeria are those that were established before the country gained independence on 1 October 1960. While these laws are subject to Nigerian legislation and local circumstances, they can only be repealed through local legislation and are not automatically repealed in Nigeria if they have been repealed in England after this date.
Received English Law, on the other hand, refers to laws that were received into Nigeria by local statutes. This includes common law, the doctrines of equity, and statutes of general application. According to Section 32 of the Interpretation Act, the common law of England, the doctrines of equity, and statutes of general application that were in force on 1 January 1900, will be applicable in Nigeria. However, this date has been a subject of debate, with some arguing that it should be 1960, when Nigeria gained independence.
While English law has a significant influence on the Nigerian legal system, it is not always strictly applied. Local legislations are considered superior and can override English laws, as seen in cases such as 'Adeponle v. Saidi'. Additionally, English court decisions are not binding on Nigerian courts but are considered persuasive. In practice, Nigerian courts may also consider local customary law and Muslim law if the parties can prove their applicability to the case.
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The Nigerian court system
The Nigerian constitution recognises courts as either Federal or State courts. The President appoints justices and judges to federal courts, while State Governors appoint judges to state courts. All appointments are based on recommendations from the National Judicial Council. The Federal courts include the Supreme Court, the Court of Appeal, and the Federal High Court. The State courts include the High Court, the Customary Court of Appeal, and the Sharia Court of Appeal. Each of the thirty-six states is allowed to have all of these courts. The Federal Capital Territory (FCT) courts are equivalent to state courts, with judges appointed by the President.
The Supreme Court of Nigeria is the highest court in the country, based in the capital, Abuja. It is primarily an appellate court and the final court of appeal. The Court of Appeal, also in Abuja, has original jurisdiction for presidential and vice-presidential election petitions. The Federal Court of Appeal is where the various legal systems in Nigeria converge. The Federal High Court is a court of enumerated jurisdiction, handling matters listed under Section 251(1) of the Nigerian Constitution.
Below the Federal Court of Appeal are the tier 3 courts, including the Federal High Court, the State High Court, the Customary Court of Appeal, and the Sharia Court of Appeal. The State High Court has the widest jurisdiction in civil and criminal matters, with appellate jurisdiction over Magistrate and District Courts. Magistrate and District Courts are considered inferior jurisdiction courts, bound by decisions of higher courts.
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Criminal law and procedure
Nigeria has four distinct legal systems: English law, common law, customary law, and Sharia law. The Nigerian Criminal Code, which applies to the southern, Christian-dominated states, is derived from the British colonial code introduced in 1904 and became the Criminal Code of 1916. The Criminal Law is the substantive law on crimes and criminal proceedings. It deals with wrongs committed against the public as a whole, and the punishment prescribed by statute. In criminal proceedings, the parties are the state and the offender, with the state or its representatives bringing the action.
The objective of a criminal process is to punish the offender. The court is free to choose from a range of punishments, including absolute or conditional discharge, probation, caning, fines, and imprisonment. There is no statute of limitations in criminal cases unless expressly stated by law.
Customary law is derived from indigenous traditional norms and cultural practices, including the dispute resolution meetings of pre-colonial Yoruba land secret societies and the Èkpè and Okónkò of Igboland and Ibibioland. The Federal Court of Appeal is where the multiple legal systems of Nigeria converge. It is constitutionally required to have at least three judges versed in customary law and at least three judges versed in Islamic personal law.
The Code of Conduct Tribunal (CCT) was established by the Chapter C15 Code of Conduct Bureau and Tribunal Act, No. 1 of 1989 Laws of the Federation of Nigeria, 2004, to deal with complaints of corruption by public servants. The CCT consists of a chairman and two other members, who are appointed by the President on the recommendation of the National Judicial Council.
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Constitutional law and human rights
Nigeria has its own constitution, which was established on 29 May 1999. The Constitution of Nigeria is the supreme law of the country. Chapter four of the Nigerian Constitution, from section 33 to section 46, is dedicated to the fundamental human rights of Nigerian citizens. By definition, every individual holding Nigerian citizenship as recognised in the Nigerian Constitution is inherently entitled to these fundamental rights.
The Nigerian Constitution protects civil and political rights, and Nigeria has ratified the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Nigeria has also signed but not ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The United Nations Special Rapporteur on Torture has confirmed that punishments such as amputation and flogging are breaches of the Convention Against Torture.
Nigeria operates under a dualist system and cannot apply international treaties unless they are ratified by the legislative houses in Nigeria. International treaties like the African Charter are intended to expand protection to cultural, socio-economic, and group rights. However, because the Nigerian Constitution is the supreme law, the Supreme Court of Nigeria often resolves conflicts in favour of the Constitution, thereby restricting the expansion of human rights.
The National Human Rights Commission of Nigeria was established by the National Human Rights Commission Rights 1995 (as amended) in line with resolution 48/134 of the promotion, protection, and enforcement of human rights. The Commission serves as an extra-judicial mechanism for the respect and enjoyment of human rights. It also provides an avenue for public enlightenment, research, and dialogue to raise awareness of human rights issues.
There are four distinct legal systems in Nigeria: English law, common law, customary law, and Sharia law. Historically, the Nigerian Constitution has allowed Sharia courts jurisdiction over specific cases, but their jurisdiction is limited to matters of Islamic personal or family law. Several state governments in the north have extended Sharia law to criminal offences, thereby violating the Constitution's prohibition of an official religion. The imposition of Sharia law in certain states in Nigeria infringes on the rights of Muslims and non-Muslims alike.
Nigeria has seen challenges when trying to implement international human rights treaties domestically. There are concerns about the investigation of past human rights abuses, continuing abuses by the security forces and criminal justice system, ethnic and sectarian violence, constitutional reform, and the electoral system.
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Civil law and dispute resolution
Nigeria is a federation with 36 states and a federal capital territory (FCT). Judicial powers are exercised at both the federal and state levels. There are two main modes of dispute resolution in Nigeria: litigation and alternative dispute resolution (ADR).
Litigation
Litigation in Nigeria is a formal process of resolving disputes through the court system. The Nigerian court system consists of various courts at the federal and state levels, each with its own jurisdiction and procedures. The federal courts in Nigeria include the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court, the Sharia Court of Appeal, and the Customary Court of Appeal. Each of the 36 states in Nigeria and the FCT has its own High Court, which has jurisdiction over criminal and civil matters arising within its territory.
Alternative Dispute Resolution (ADR)
ADR is a popular method of resolving disputes in Nigeria and includes arbitration, mediation, conciliation, negotiation, and early neutral evaluation. The Arbitration and Mediation Act of 2023 provides a legal framework for fair and efficient commercial dispute resolution through arbitration and mediation. The Civil Procedure Rules of the High Court, particularly in Lagos State, allow for matters to be screened for ADR, and judges may refer parties to mediation at the Multi-Door Court House.
Civil law in Nigeria covers a range of matters, including contracts, property, torts, and civil disputes. The court system handles civil matters through litigation or ADR, depending on the nature of the case. For example, land matters, election petitions, chieftaincy matters, matrimonial causes, and custody of children cannot be resolved through arbitration but can be addressed through mediation or litigation.
The process of civil dispute resolution in Nigeria typically involves the following steps:
- Filing a Complaint: A person or entity recognised by law as a juristic person can bring an action against another juristic person.
- Service of Process: The serving officer sends a certificate of service, affidavit of service, or certificate of posting to the court, informing the defendant of the complaint.
- Response by Defendant: The defendant has a specified period to respond to the complaint by denying, admitting wholly or partially, or challenging the legal validity of the claim. They may also file a counter-claim or raise an affirmative defence.
- Court Proceedings: If the issues are not resolved at this stage, the matter proceeds to court, where evidence is presented, witnesses are examined, and rebuttals may be introduced.
- Judgment: The court, acting as both judge and jury, sets out the facts of the case, determines guilt or innocence, and decides on an appropriate punishment if applicable.
Nigeria's legal system provides a comprehensive framework for civil law and dispute resolution, offering a range of avenues for individuals and entities to seek justice and resolve their grievances through litigation or alternative means.
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Frequently asked questions
Nigerian case law is influenced by English law, local customs, and Muslim rules.
Some examples of Nigerian case law include Alade v. the Federal Republic of Nigeria and Fawehinmi v Nigerian Bar Association.
Nigerian case law can be found on websites such as vLex and NWLR Online.
One feature of Nigerian case law is the presence of "holding charges", where a suspect is brought before a magistrate's court that lacks jurisdiction over the offense, leading to indefinite detention without charge.
Nigerian case law has evolved through the influence of English rule, local customs, and Muslim rules. It has also been shaped by the country's historical development, including the Civil War, and the structure of the Nigerian courts at the federal and state levels.
