GODFREY OKOYE UNIVERSITY
NIGERIAN LEGAL SYSTEM I (LAW 211) 2024/2025 SESSION
1st SEMESTER
COURSE CONTENTS
TOPIC 1. BACKGROUND TO THE NIGERIAN LEGAL SYSTEM - DR. OKEY OMEH
i. Meaning and Nature of the Legal System
ii. Characteristics of the Nigerian Legal System
iii. Meaning of Law and its Classification (or Division)
iv. History of the Nigerian Legal System (Colonial; Post-Colonial, Military Era and Democratic Era)
v. Sources of the Nigerian Law
A. English Law
A1. Received English Law
i. Common Law
ii. Doctrines of Equity
iii. Statutes of General Application
A. 2 English Law Directly Extended to Nigeria
B. Nigeria Legislation (Statutes and Subsidiary Legislation)
C. Customary Law
i. Meaning and Nature of Customary Law
ii. Validity Test
iii. Characteristics of Customary Law
iv. Proof of Customary Law
D. Judicial Precedent (or Case Law)
i. Types of Precedents
ii. Operation of the Doctrine
iii. Concept of Distinguishing
iv. Critique of the Doctrine of Judicial Precedent
TOPIC 2. JUDICIAL AND LEGAL INSTITUTIONS IN NIGERIA - MRS. JOY NNANI
i. Basic Features and Functions
ii. LAWS ESTABLISHING COURTS/RULES OF COURT IN NIGERIA
1. The Courts
2. The Nigerian Bar Association
3. The Nigerian Law Reform Commission
4. The National Human Rights Commission
5. Nigerian Institute of Advanced Legal Studies (NIALS)
6. National Judicial Council
7. Federal Judicial Service Commission
8. The Judicial Service Committee of FCT
9. The Independent Corrupt Practices and Other Related Offences Commission (ICPC)
10. Economic and Financial Crime Commission (EFCC)
11. The Nigerian Body of Benchers
TOPIC 3: RULES OF STATUTORY INTERPRETATION AND THE INTERNAL AND EXTERNAL AIDS THEREOF – MRS. NWAKEGO OGBAJI
TOPIC 4. INTERNAL CONFLICT OF LAWS - MRS. NWAKEGO OGBAJI
i. The conflict between English Law and Customary Law (or Islamic Law)
ii. Conflict between Different Systems of Customary Law.
TOPIC 5. LAW REPORTING - MRS. JOY NNANI
i. Nigerian Law Report
ii. Law Libraries
RECOMMENDED TEXTS/STATUTE
Nigerian Legal System by Ese Malami
The Nigerian Legal System by Obilade
Introduction to the Nigerian Legal System (Third Edition) by John O. Asein
The 1999 Constitution of Nigeria with First to Fifth Alteration
Lecturers: Dr Okey Omeh
Mrs. Nwakaego Ogbaji
Mrs. Joy Nnani
GODFREY OKOYE UNIVERSITY
NIGERIAN LEGAL SYSTEM II (LAW 211)2024/2025 SESSION
2ND SEMESTER
COURSE CONTENTS
TOPIC 1. COURT SYSTEM IN NIGERIA
i. Types; Features, Hierarchy and jurisdiction
ii. Tribunals in Nigeria:
Election Tribunals, code of conduct Tribunals;
Judicial Commission of Inquiries; Administrative Tribunals etc.
MRS. NWAKEGO OGBAJI
TOPIC 2. i. PERSONNEL OF THE COURTS AND TRIBUNALS IN NIGERIA: Appointment; Removal; Compositions; Qualifications; Duties
iii. Office of the Notary Public
iv. Office of the Commissioner for Oats
v. Access to Justice: The Legal Aid Act
MRS. JOY NNANI
TOPIC 3. i. OUTLINE OF CIVIL PROCEDURE IN NIGERIA.
i. Outline of Criminal Procedure in Nigeria
ii. Alternative Dispute Resolution Mechanisms (ADR)
DR. OKEY OMEH; 08032743875
TOPIC 4. THE LEGAL PROFESSION
i. History of the Legal Profession in Nigeria
ii. Regulation of the Legal Education
iii. Regulation of Legal Practices
iv. Judicial Regulation
a. Appointment of Judicial Officers and Members
b. Code of Conduct for Judicial Officers
c. Discipline of Judicial Officer
DR. OKEY OMEH
TOPIC 5. JOB OPPORTUNITIES IN THE LEGAL PROFESSION DR. OKEY OMEH
RECOMMENDED TEXTS AND STATUTES
1. Legal Practitioners Act.
2. Legal Aid Act.
3. The 1999 Constitution of the Federal Republic of Nigeria with First and Fifth alteration.
4. All the text recommended in the first semester remains relevant.
JUDICIAL AND LEGAL INSTITUTIONS IN NIGERIA
1. Introduction:
Legal institution refers to a system of law that ensures the rule of law, protection of rights and properties of citizens, and provides the means and legal framework for the resolution of disputes. The Nigerian judicial and legal institutions are based on English Common Law which consists of case laws.
1.1. The legal institutions in Nigeria include:
1. The Courts
2. The Nigerian Bar Association
3. The Nigerian Law Reform Commission
4. The National Human Rights Commission
5. Nigerian Institute of Advanced Legal Studies (NIALS)
6. National Judicial Council
7. Federal Judicial Service Commission
8. The Judicial Service Committee of FCT
9. The Independent Corrupt Practices and Other Related Offences Commission (ICPC)
10. Economic and Financial Crime Commission (EFCC)
11. The Nigerian Body of Benchers
Learning Objective: The Learning Objective is to identify the relevant judicial and legal institutions in Nigeria.
Learning Outcome: By the end of the lecture, the students will be able to:
1. Identify the relevant judicial and legal institutions in Nigeria.
2. Know the powers, duties, and mode of appointment of members of the judicial and legal institutions in Nigeria.
3. Identify the various courts in Nigeria and their jurisdiction.
4. Know the functions of the Nigerian judicial and legal institutions.
Lesson one:
2.0. COURTS IN NIGERIA:
TYPES AND JURISDICTION OF COURTS IN NIGERIA
Courts are categorized into Superior Courts and Inferior Courts. Superior Courts have broader powers and are referred to as Courts of unlimited jurisdiction.
Section 6(5) (a-g) of the 1999 constitution specifically prescribes the following as the superior courts of record in Nigeria. They are:
1. The Supreme Court
2. Court of Appeal
3. Federal High Court
4. National Industrial Court
5. High Court of the FCT, Abuja
6. High Court of the State
7. Sharia Court of Appeal of the FCT, Abuja
8. Sharia Court of Appeal of a state
9. Customary Court of Appeal of the FCT, Abuja
10. Customary Court of Appeal of a state
THE SUPREME COURT
Section 230 of the constitution establishes the Supreme Court as the apex court of the land. The Supreme Court consists of the Chief Justice of the federation and other justices not exceeding 21 in number. The appointment of the CJN is done by the president of the federation on recommendation from the National Judicial Council. However, this appointment is subject to ratification by the Senate. See section 231(1) and (2). Similarly, other justices of the Supreme Court are appointed the same way i.e. by the President subject to confirmation by the Senate. The current CJN is Hon. Justice Kudirat Kekere-Ekun.
The qualification to be appointed a judge of the Supreme Court entails that such a person must have been called to the Nigerian Bar for a period not less than 15 years.
Also, when there is a vacancy in the office of the CJ, the most senior judge will be appointed to fill the seat.
Also, some of the judges of the Supreme Court must be well-learned in customary law and others must be well grounded in Islamic law. See section 288 (2).
No legal practitioner will be appointed or be qualified for appointment as a justice of the Supreme Court while he is a member of the National Judicial Service Commission, the Federal Judicial Service Commission, the Judicial Service Committee of the Federal Capital Territory, Abuja, or State Judicial Service Commission. Such disqualification remains until after 3 years after the legal practitioner has ceased to be a member of such institution/body. See section 289.
JURISDICTION OF THE SUPREME COURT
The Supreme Court of Nigeria has both original and appellate jurisdiction.
i. Original Jurisdiction of the Supreme Court:
As the highest court in Nigeria, the Supreme Court is essentially a court of appeal but it exercises some measure of original jurisdiction in civil matters. Section 232(1) of the Constitution states that the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a State or Between States if and in so far as that dispute involves any question (whether of law or facts) on which the existence or extent of a legal right depends. See the case of Governor of Kaduna State v. The President [1981] 2 NCLR 786.
In addition to the powers expressly conferred on the Supreme Court by the Constitution, the National Assembly may confer additional original jurisdiction on the court. The only exception is that the Supreme Court may not be conferred with original jurisdiction concerning criminal matters. See Section 232(1) and (2).
In the exercise of this power, the National Assembly enacted the Supreme Court (Additional Original Jurisdiction) Act No. 2 of 2002 but now Cap. S16, Laws of the Federation of Nigeria, 2004, conferring additional original jurisdiction on the Supreme Court. Section 1(1) of that Act provides that in addition to the jurisdiction conferred upon the Supreme Court by the constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute, whether of law or facts, on which the existence or extent of a legal right depends between:
a) The National Assembly and the President;
b) The National Assembly and any State House of Assembly; and
c) The National Assembly and any State of the Federation
In line with the constitutional prohibition of the conferment of original criminal jurisdiction, the Act expressly provides in section 1(2) that it does not confer on the Supreme Court's original jurisdiction in criminal matters.
ii. Appellate Jurisdiction Of The Supreme Court:
The Supreme Court in its appellate jurisdiction has exclusive jurisdiction to hear and determine appeals from the Court of Appeal. See section 233(1)’1999. The Supreme Court does not have the power to hear appeals directly from a High Court. See the cases of Galadima v. The State [2004] 6 NWLR (Pt. 869) 360 and Usman v. Garke [2003] 14 NWLR (Pt. 840) 261
An appeal would lie as of right from the decision of the Court of Appeal to the Supreme Court in the circumstances expressly stated in Section 233(2) a-f. See the case of Shittu v. P.A.N. Ltd [2018] 15 NWLR (Pt. 1642) 195.
PLEASE NOTE that the Alteration in the constitution has done away with the previous s.233 (3) which provided for leave to appeal to the Supreme Court where the appeal involved question of mixed law and facts. The Supreme Court can now only hear appeal where the grounds involves questions of law only.
Without prejudice to the powers of the President or a State Governor concerning the prerogative of mercy (in sections 175 and 212’1999 respectively), section 235’1999 confirms the finality of the decision of the Supreme Court.
Composition of the Supreme Court see section 234’1999.
The Supreme Court is duly constituted by not less than 5 justices of the court. However, it is required to be constituted by a bench of not less than 7 justices when the Court is sitting to:
a) Consider an appeal on questions as to the interpretation or application of the Constitution;
b) Consider appeal as to whether any of the provisions of Chapter IV of the constitution (dealing with Fundamental Rights) has been, is being, or is likely to be, contravened in relation to any person;
c) Exercise its original jurisdiction as provided for in the Constitution.
As a matter of practice, the court also empanels 7 justices in very important cases, such as where it is considering whether to over-rule a previous decision of its own for the purpose of precedent.
Text obtained for teaching purposes:
Learning activity: Let the students read sections of the constitution providing for the superior courts in Nigeria.
Evaluation:
1. Identify the specific section of the Constitution that provides for the Superior Courts in Nigeria.
2. Research and list out cases the Supreme Court can handle in its original jurisdiction.
3. Research and list out cases the Supreme Court can handle in its original appellate jurisdiction.
- Lecturer : Joy Nnani