GROUP 8
NIGERIAN LEGAL SYSTEM 2
COLLEGE OF LAW
AFE BABALOLA UNIVERSITY
DISCUSS THE COMPOSITION AND
PERSONNEL OF A COURT IN
NIGERIA
TABLE OF CONTENT
1. TOPIC
2. INTRODUCTION
3. BODY
4. CONCLUSION
INTRODUCTION
The word, “court” primarily means a place where a judge sits to hear matters, interpret laws and
administer justice. The word “court” also means the judge or judges who sit in court. Thus, a
court is a place where a judge sits to hear matters, interprets the law and decide disputes fairly
and justly. A court, especially, when it is in session, that is, when sitting or conducting
proceedings, is commonly made up or constituted of some categories of persons as the
circumstances may be.
Nigeria has a federal system of government and the judiciary is also structured at the federal and
state levels. The Nigerian courts are categorized into superior and inferior courts. The superior
courts include; the supreme court, the court of appeal, federal high court, the high court of the
federal capital territory, the high court of a state, sharia court of appeal of the federal capital
territory, sharia court of appeal of a state, customary court of appeal of the Federal Capital
Territory and the customary court of appeal of a state. The inferior courts include the magistrate
courts, area court, customary courts, juvenile court, revenue court, tribunals, district courts e.t.c.
This work is aimed at discussing about the categories of persons that the courts mentioned above
are constituted of. They are known as the personnel of courts in Nigeria. They are the judge,
registrar, court clerk, Sheriff and Bailiff, Police, Assessors, Litigants or Parties, Lawyers or
Counsel, paralegals, amongst others.1
1
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 602
BODY
In a court of Law in Nigeria, the person who interprets the law and judge cases is known as the
judge. It is therefore expedient to discuss about the personnel known as “The Judge”
JUDGE
A judge is an interpreter of the law and a judge of the cases or matters that come to court. He
presides over the proceedings and court in general. He hears the matters or parties that come
before the court. He makes rulings, gives judgments and makes such orders as are necessary. His
oath and duty is to dispense or administer justice to all manners of persons without fear or favor.
A judge must have a personality defeating the noble office of a judge. This is important because
his personality and disposition affects his appraisal of events and the evaluation of the evidence
put before him in a case. A judge is expected to be impartial in the administration of justice, that
is, he is to give to the parties equal opportunities to state their case, listen and record patiently the
evidence given by the parties to the dispute and at the end of the case for each side, the side in
favor of the party that discharges the onus of proof required according to law.
Furthermore, a Judge must observe the rules of Natural Justice and Fair Hearing which are
usually summed up or broken into two main rules known as, Audi alterem partem, which
means, hear the other party or hear both parties to disputes before giving judgment and Nemo
judex in casua sua, which connotes that, no one should be a judge in his own case or in a matter
which he has an interest. Section 36(1) of the constitution of the federal republic of Nigeria
1999 (as amended) provides that
“in the determination of his civil rights and obligations, including any question or
determination by or against any government or authority, a person shall be entitled
to a fair hearing within a reasonable time by a court or other tribunal established by
law and constituted in such manner as to secure its independence and impartiality”2
This above section of the constitution backs up the two legal maxims that ensure natural justice
and fair hearing in a court of law in Nigeria and also the independence and impartiality of a
judge (which is used interchangeably for the word ‘court’).
The most critical personnel of the court has been explained to an extent, it is therefore important
to also discuss about the registrar of a court of law in Nigeria.
2
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 605
REGISTRAR
The Oxford Advanced Learner’s Dictionary gave the definition of a Registrar as a person whose
job is to keep official records. The Court Registry is manned by Judicial Employes under the
leadership of Court Registrar, who supervises the activities of the bailiffs and clerks of such
court. The registrar is an official of court in charge of administration and other duties as the court
may assign to him. He is in charge of drawing up the cause list and keeping of records. There are
two types of registrars in the nation’s Judiciary. The first being the Chief Registrar and his
deputies, they are qualified Barristers and Solicitors and could be appointed to the higher bench,
they are also the accounting officers of their respective courts and are usually appointed from the
magistracy. The other category of registrars is those who are not lawyers. They are well educated
and certified in other professional callings other than law. These officers, when recruited into
the Judicial system, are given adequate and appropriate training on how best to handle judicial
matters and processes tailored to their schedule of duties and responsibilities.
In a paper presented by the Deputy Directors of Studies National Judicial Institute Abuja3, some
of the functions of the Registrar were enumerated to include:
1. As the head of the registry, he ensures proper day to day administration of the court
registry
2. He co-ordinates the handling of the court processes e.g issuance of hearing notices,
summons e.t.c
3. He undertakes supervision of work of all staff deployed on litigation duties
4. He helps in the administration of oath and Affirmation on witnesses appearing in court
5. He must ensure proper maintenance and disposal of attached property and exhibits in his
custody
6. He must ensure the preparation of quarterly returns of case filed and disposed
7. He must see for endorsement by the judge certified true copies of the court
8. He must see to the execution of court judgments and orders. E.t.c
It is noteworthy that, If the registrar happens to also be a barrister, he will wear barrister’s robes.
Now that the registrar’s role as a official of a court of law In Nigeria has been discussed, It is
also important to discuss another officer of a court of law in Nigeria, known as the “court clerk”.
3
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 610
COURT CLERK
According to the Black’s Law Dictionary, the word “clerk”, is a public official whose duties
include keeping records of accounts4. A court clerk is an official in the court of law who is
responsible for filing papers, issuing process and keeping records of courts proceedings as
generally specified by rule or statute. The court clerk also assists the registrar. He is the first
person, lawyers and litigants come in contact with in their attempt to institute an action in court.
Some of his duties are as follows
1. He makes all necessary arrangements for court sittings and sits in court with a magistrate
or a judge.
2. He keeps track of court performance statistics
3. He compiles monthly return of cases
4. He fills up court processes such as summons, hearing notices e.t.c
5. He administers oath on all witnesses who desire to give testimony or evidence in court
6. He announces the entrance of the magistrate or judge n readiness for the business of the
day
7. On the instruction of the judge or magistrate or other presiding officer of the court, he
shall call or mention each of the listed cases for that day
Those are some of the duties of a court clerk. Moving further, another personnel of the court of
law which shall be discussed is the Sheriff and Bailiffs.
SHERIFF AND BAILIFFS
Sheriffs and the bailiffs who work under him, are usually appointed under the Sheriffs and Civil
Process Act, or its equivalent laws in the states, as the case may be. The Sheriffs and Civil
Process Act, a Federal Statute in respect of Federal Courts, is a statute to make provision for the
appointment and duties of Sheriffs, the enforcement of judgments and orders and the service and
execution of court processes throughout Nigeria.
The Sheriff and the undersheriffs are the officers in charge of ensuring the execution of all court
orders and processes, such as, writ of fieri facias (Fi Fa) as may be directed by court and so forth.
The Bailiffs are officers under the Sheriff. They execute and serve all courts orders and processes
as the Sheriff may assign.
The Sheriff and Bailiffs do not normally sit in the court hall or room where proceedings take
place and for this reason, it is wrongly thought that they are not part of a court. They have their
4
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 611
offices in adjacent rooms. Olumo Abdulazeez distilled some of the duties of a bailiff5. They
include:
1. Attending court sessions in respect of which summons have not been effected or served
2. Executing orders of the courts arising from civil or criminal proceedings
3. Keeping up to date register of all court processes issued by court for service
4. Keeping duly certified sale accounts of all money collected in court
5. Deposition to an affidavit of service, for processes effected e.t.c
It is noteworthy that the role of the support staff in the administration of justice cannot be over-
emphasized, neither can their contributions towards attainment of justice quantified. Their work,
though not adjudicatory, is complementary to the judicial and administrative function of a judge
or a magistrate.
POLICE
Historically, the Nigerian Police Force formation dates back to 1861 during colonial era, when
the consul of Lagos colony established a consular guard of thirty members to watch over colonial
properties. However, the contemporary Nigerian Police Force is a conception of the 1999
constitution. The Nigerian Police Force was created by Section 214, subsection 1 of the
constitution.6
The police is the primary agency of government charged with the maintenance of peace, law and
order, and the prevention, detection and prosecution of crime. Their activities are covered by the
Police Act
The duties of the police as contained in section 4 of the Police Act, received judicial fortification
in the case of Chukwuma v. Commissioner of Police, where it was held as follows;
“by virtue of section 4 of the police Act, Cap 359, laws of the federation of Nigeria,
19906, the duties of the police include amongst others, the prevention and detection of
crime, the apprehension of offenders, the preservation of law and other , the protection of
life and property and the due enforcement of all laws and regulation with which they are
directly charged, and they shall perform military duties within or without Nigeria as may
be required of them by, or under the military of the Police Act or any other Act. In the
5
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 613
6
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 615
instant case, the action of the police in frustrating the meeting of the association was to
maintain law and order and their action was justifiable”.7
The power of the police to conduct criminal trials in all courts in Nigeria was emphasized by the
Court of Appeal in the case of Ajakaiye v. FRN, the court held thus:
“By virtue of the provision of Section 23 of the Police Act, any police officer has the
power to conduct in person all the prosecutions before any court in Nigeria whether
or not the information or complaint is laid in his name. However, the exercise of
such power is strictly subject to the well set out provisions of Sections 160 and 190 of
the 1979 constitution and now section 174 and 211 of the 1999 constitution”.8
The police is expected to enforce all laws made by the federation, states and local government
councils, including any regulation, order of court or proclamation made under the authority of a
law.
ASSESSORS
An assessor is a lay person with scientific, technical or other expert knowledge who is appointed
as a member of a panel chaired by a judge to hear matters requiring such expert knowledge. An
assessor has no voice in deciding the issues before the court. The function of an assessor is to
assist the court in considering the issues before it, by enlightening and advising the court with his
expert knowledge. Assessors are not part of an average court. However, they may be called in to
give expert opinion, assessment, or assistance to any court as the need may be. They are mostly
used in juvenile courts and in appropriate tribunals. Assessors are usually responsible and
responsible persons drawn from the community to serve as member on a panel of judges in a
court. They are expected to use their professional or technical knowledge to assess technical
issues which are outside of law and help the chairman of the panel of judges, who is usually a
lawyer by training, to reach a proper and just judgment in a case.
LITIGANTS
The litigants are the parties to a suit and other persons who have been joined in a suit for the
proper determination of the suit. More specifically parties are usually called;
1.Plaintiff, or claimant that is, a person who has brought a suit to court; and
7
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 617
8
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 617
2.Defendant, that is, a person who has been sued.
In criminal proceedings, the real parties are the complainant; that is, the person who is aggrieved
and who made the complaint, which is the basis of the prosecution, and the accused person who
is the party that has been charged as a suspect and who is being prosecuted for a crime.
However, as the trial goes on, the parties to an action may also additionally become known
as;
1.Appellant
2. Respondent or
3. Applicant
And so forth, depending on what role the parties are assuming
Having discussed this, it is very important and significant to discuss the officials that represent
the litigants in the court of law. They are known as the lawyers.
LAWYERS
Lawyers or Counsel, represent the parties to a suit as barristers. They are to advise, present and
advocate the case of their client before a court. They present evidence, argue cases and advice
their client on legal matters. A counsel is expected to perform his duty of presenting the case of
hid to the best of his ability. Lawyers in Nigeria are regulated by the Nigerian Bar Association.
In advocating or protecting the case or interest of his client, he is expected to abide by the:
1. Practice and procedure rules of the court and
2. Professional ethics, which regulate the legal profession and govern the way and manner a
lawyer should behave in court and generally conduct the legal affair of his client.
3. The general law of the land in the discharge of his duties as a lawyer and in the general
conduct of himself as a citizen.
A lawyer is an honorable and noble gentle man. His conduct must be above board and
exemplary. Above all, he must not pervert justice nor be a party to it, nor procure it, in favor of,
nor against either party in a case. A lawyer is a minister of justice in the court of law. His
conscience must be clear towards God and man, for judgment belongs to God.
As an amicus curiae, that is, as a friend of the court or officer of the court, his first duty is to the
court. He is expected to present the case of his client in a cool, calm and collected manner to the
court and in an honorable manner as befitting a lawyer. He is expected to ease the onerous duty
of the court by presenting the fact and principles of law to the court undistorted.
A lawyer must not allow himself to be dominated, manipulated and controlled nor intimidated by
a client to do his whims and bidding, nor allow himself to be used as a puppet or instrument to
mislead the court.
LEGAL ASSISTANTS/PARALEGALS
Legal assistants support lawyers and judges by conducting legal research, drafting documents
and performing other tasks. They are not necessarily qualified as a solicitor or barrister.
THE IMMUNITY OF JUDICIAL OFFICERS
This is the immunity granted to a judicial officer from civil liability arising from the
performance of the judicial duty. The 1999 constitution does not expressly provide for the
immunity of judicial officers from law suit for act done or ordered to be done by them in the
discharge of their judicial duties. But some statute which under Section 315 of the 1999
constitution are regarded as existing laws which guarantee this judicial protection.
Judges and magistrate and other designated judicial officers serving in like capacity have
absolute, that is, full immunity for act done in their judicial capacity.
The statutory provisions for immunity from criminal liability of judicial officers for act done in
their judicial capacity can be found in Section 31 of the criminal code law, which provides that
“Except as expressly provided by this code or the enactment constituting the
offence, a judicial officer is not criminally responsible for anything done or omitted to be
done by him in the exercise of hid judicial functions, although the act done is in excess of
his judicial authority or although he is bound to do the act omitted to be done”.9
Immunity for judicial officers is especially important to guarantee the fearlessness and
independence of the judiciary by affording judges protection in the performance of their duties.
Stating the general rule of law on judicial immunity long ago in R v Lord James Mansfield said
that:
9
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 621
“With regard to judicial proceedings, neither party, witness, counsel, jury, or
judge, can be put to answer civilly, or criminally for words spoken in office”.10
CONCLUSION
The composition and personnel of the Nigerian court system plays a vital role in the
administration of justice at both Federal and State levels. They ensure the rule of law, access to
justice for all citizens and that the law is applied fairly and that the rights of all parties to disputes
are respected. However, the specific roles and responsibilities of these personnel can vary
depending on jurisdiction and the nature of the case. Some of the court personnel in Nigeria, as
earlier mentioned are; judges, lawyers, paralegals, police, court clerks, registrars, litigants,
assessors, sheriffs and bailiffs e.t.c
BIBLOGRAPHY
10
E.O Malemi, The Nigerian Legal System: Text and Cases (published by Princeton & Associate publishing Co. Ltd
2021) p 622
Malemi E.O, The Nigerian Legal System: Text and Cases (published by Princeton & Associate
Publishing Co. Ltd 2021)
