INTRODUCTION INTO THE CIVIL JURISDICTION OF NIGERIA: COURT SYSTEM, JURISDICTION, LEGAL PROCEEDINGS
This paper examines the civil jurisdiction of courts in Nigeria. The paper posits that civil jurisdiction is the power that the court has to enforce, redress, and protect the civil right of a private individual or government. The paper articulates the sources of civil jurisdiction in Nigeria and the...
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| Format: | Article |
| Language: | English |
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Nomos Verlagsgesellschaft mbH & Co. KG
2018-01-01
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| Series: | KAS African Law Study Library |
| Online Access: | https://www.nomos-elibrary.de/10.5771/2363-6262-2017-3-236 |
| Summary: | This paper examines the civil jurisdiction of courts in Nigeria. The paper posits that civil jurisdiction is the power that the court has to enforce, redress, and protect the civil right of a private individual or government. The paper articulates the sources of civil jurisdiction in Nigeria and the court system which deals with the hierarchy and powers of the various courts in Nigeria. It notes that before a court can assume jurisdiction, it must be properly constituted with respect to number and qualification of members and the subject matter and cases must be initiated by due process. The paper posits that jurisdiction is fundamental in every case before a Nigerian court as jurisdiction cannot be conferred or waived by the litigants. The paper notes that the Supreme Court is the Apex court and receives appeals exclusively from the Court of Appeal. It also has original jurisdiction in civil cases in addition to its supervisory jurisdiction. The Court of Appeal and High Courts have both original and appellate jurisdiction in civil matters while the Sharia Court of Appeal and Customary Courts of Appeal only have appellate and supervisory jurisdictions in civil matters. The Federal High Court exercises exclusive jurisdiction with respect to some subject matters in exercise of its civil jurisdiction but has concurrent jurisdiction with State High Courts. The paper also notes the processes for commencing civil actions in Nigerian courts. The paper observes and discusses the problems that hinder civil proceedings. In view of the findings, the paper articulates the reforms that are currently being implemented in order to improve the civil jurisdiction and proceedings of courts in Nigeria. |
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| ISSN: | 2363-6262 |