NIGERIAN LEGAL SYSTEM.

LPU 205

Course Outline

1)Definition , nature & characteristics of Nigerian Legal System

2)Definitions, classification and functions of Law

3)Sources of Nigerian Law

4) Court systems and hierarchy of courts in Nigeria

5) Rules of interpretation of law

CHAPTER 1

DEFINITION, NATURE AND CHARACTERISTICS OF NIGERIAN LEGAL SYSTEM

INTRODUCTION

Whatever is called a system connotes orderliness. A system is the organized relationship between
the component parts of a structure. A legal system may be described as the interaction of laws
within a legal order. The Nigerian legal system refers to the totality of laws in Nigeria and the
machinery through which these laws are enforced. It has been said that all the laws in a legal system
are based on a fundamental norm from which they get their validity. This is referred to as the
grundnorm.

NATURE OF NIGERIAN LEGAL SYSTEM

The grundnorm in colonial Nigeria was the queen of England while the grundnorm after
independence became the constitution as it is the most basic law in the country from which all other
laws gain their validity. The 1999 constitution of the federal republic of Nigeria states in section 1(1)
that it is supreme and its provisions shall have binding force on every authority and person and it
states in section 1(3) that any law which is inconsistent with the constitution is void to the extent
of its inconsistency.
Just like many other African countries which were colonized by Britain, Nigeria practices the
common law system. It has been argued by some that the pre-colonial societies had a legal system,
and this may be true. However, the current legal system being practiced in Nigeria is mostly
adopted from the legal system of England. In order to function properly and allow for the unique
features of Nigeria like its customary laws and military rulership in the past, the Nigerian legal
system possesses some unique characteristics.
CHARACTERISTICS OF NIGERIAN LEGAL SYSTEM

I )Duality: There is duality of the laws in the Nigerian legal system as the law consists of both the
English law and the customary law. The Islamic law, which is applicable in the north, is treated as
customary law even though it is not indigenous. Judges are presumed to know English laws and so
they do not have to be proved before them. On the other hand, customary laws have to be proved
through evidence until the law becomes popular and judicially noticed.

2)Volume of external influence: The Nigerian legal system has been greatly influenced by
international law. One easy point of reference is the Islamic law which has supplanted the
customary law in a lot of Northern communities. Furthermore, a large part of the legal system was
inherited from the English system. The Criminal Code and the Matrimonial Causes are modeled
after those of Queensland in Australia while the Penal Code, applicable in the north, is fashioned
after the Sudanese Penal Code. Foreign authorities may be cited in Nigerian courts as having
persuasive influence. All of these contribute to the extent of external influence.

3)Diversity: There is a diversity amongst the laws in the Nigerian legal system. Two neighbouring
communities may have different laws guiding them, and this is owing to the various and diverse
ethnic groups of the country. Each of the over 350 ethnic groups in the country have their own
customary laws. Even amongst the same ethnic group, two tribes might have different laws. The
major differences in ethnic laws are in marriage, inheritance and property ownership.

4)The system of precedents: The principle of stare decisis is one which is followed by the Nigerian
courts, and it provides that earlier decisions of courts should be binding on lower courts. Such
decisions may also serve as persuasive authority for courts of equal standing and superior courts.
Even when lower courts are inclined by good reason to depart from binding precedents, they are
still bound to follow them. It has been stated that judicial precedents ensure the certainty and
predictability of laws.

5)Order of judicial hierarchy: It is necessary for the following of judicial precedents that there is an
established judicial hierarchy. The hierarchy determines which decisions are binding on which
courts and those that are persuasive. The Supreme Court is the highest court and its decisions are
binding on all courts inferior to it. Below it is the court of appeal. Below the court of appeal, on
coordinate jurisdictions, are the Federal High Court, State High Courts, High Court of the Federal
Capital Territory, Sharia Court of Appeal of the Federal Capital Territory, Sharia Court of Appeal of
the states, Customary Court of Appeal of the Federal Capital Territory and the Customary Court of
Appeal of the states. There are also the magistrates’ courts, Area courts and Customary courts.

6)Fusion of the legal profession: In Nigeria, legal practitioners practice as both solicitors and
barristers as opposed to what is obtainable in England where legal practitioners are either solicitors
or barristers. Nigerian legal practitioners are admitted to the bar as solicitors and advocates of the
Supreme Court of Nigeria.

7)Accusatorial and Adversarial system: Nigeria, as a common law country, has its courts applying
an adversarial or accusatorial system as opposed to the inquisitorial system applied by civil law
countries. The judge in an accusatorial system is to be an unbiased umpire and is never to descend
into the arena. Both parties are to present their cases and prove it without any assistance or
inquisition by the judge. In Adetoun oladeji v. Nigerian Breweries Ltd., the court took notice of a
bailment issue which was not presented by either of the parties. The supreme court reversed the
decision and restated that courts were not to help parties present issues.

8)Military Influence: The repeated occurrences of coups in the past has left the legal system
influenced by the military. There were decrees and edicts which were made and are still in force,
applicable by the courts.

CHAPTER TWO

Definition, Classification and functions of Law

DEFINITION/MEANING OF LAW

Law may mean different things to different people. Generally, a law is a rule of action. It is in this
vein that we have laws of dynamics, laws of science, etc. However, we are more concerned with
law as it relates to the legal profession. Trying to define law is like trying to define truth or morality,
different people have different meanings. People are usually more concerned about the laws as they
relate to them. While a judge may see laws as rules that regulate human behavior and apply
sanctions in the event of a default, a lawbreaker might see law as a social instrument which limits
his freedom.

Many have agreed that law is an institution without which there would be the breakdown of
civilized societies. While it has been agreed that laws are necessary for society to prosper, what
exactly law is has been a source of controversy. There are various schools of thought on the
meaning of law. While the positivist school sees law as a downward flowing body of rules from the
water tower of a determinate sovereign authority, the naturalists see law as sprouting upwards from
the deep recesses of society. The different schools of thought are as follows.

1) THE NATURAL LAW SCHOOL

The natural law school offers a convenient starting point. Proponents of this school of thought are
of the belief that law has a divine or supernatural origin, and human laws have to conform to the
supernatural laws. The foremost proponents of this school of thought were early Greek
philosophers like Plato and Aristotle and Christian theologians. The Stoic philosophers posited that
these natural laws can be determined through reason possessed by every man. For example, every
man should know that it is wrong to kill or steal. This school is more concerned with law as it ought
to be, and not law as it is.

The problem with this school of thought is that it equates law with morality. The standards of
morality vary amongst different people according to their values. While some people are in support
of abortion and euthanasia, some are not. It would be difficult to judge people based on their own
morals.

2) THE HISTORICAL SCHOOL

This school has Von Savigny as its major proponent. The proponents of this school are of the belief
that law develops from the historical experiences of the people. Law is created from the spirit of the
people (the volksgeist) to cater for their social needs. The law sprouts from the historical
experiences of the people just like language and culture. This school of thought can be found in
customary law which is a kind of law gotten from the customs and traditions of the people. This
school of thought may be traced to the shared spirit of nationalism.

There are two problems with this school of thought. The first is that some countries are made of
different communities with different historical backgrounds, an example of this being Nigeria. In
such a situation, the law cannot still be said to be from the history of every community. Also, some
countries inherit their laws from other countries and the laws are not created from their historical
experiences. Nigerian law is largely gotten from the English common law, the doctrine of equity
and English statutes of general application. This school of thought is not always the source of law.

3) THE POSITIVIST SCHOOL

The positivist school is a direct contradiction with the natural and historical schools of thoughts.
While the two schools see law as springing from the people, the positivist school sees laws as
commands flowing from the law makers to the people. The proponents of the positivist school are
more concerned with law as it is and not law as it ought to be. They have the belief that whether
law is just and how it ought to be is not the business of the jurist, but the business of the jurist is
whether the law is legal. Although there were other proponents of the school like Jean Bodin,
Thomas Hobbes and Jeremy Bentham, the main proponent was John Austin. John Austin had his
own brand of positivism, not necessarily shared by others, in which he believed that laws were
commands from a sovereign to his inferiors. He prescribed three major components for a law, as
different from rules of morality and instructions. The three major components are command,
sovereignty and sanction. According to him, law should be a command and not a mere request or
instruction. The command must also be issued by a sovereign who possesses sanctions to ensure
compliance.

Firstly, not everyone obeys laws because of the fear of sanction. Some people might not commit
murder not because of the fear of capital punishment, but only because they think it is morally
wrong. Also, not every law is a command. Examples are inheritance laws and marriage laws which
do not force anyone to leave property to be inherited or get married, but only prescribe the methods
to be followed by whoever is interested in doing so.
4) THE SOCIOLOGICAL/FUNCTIONAL SCHOOL

Popular proponents of this school of thought include Radolf von Jhering and Roscoe Pound. The
members of this school are more concerned with studying the effects of laws on the societies in
which they operate. It is posited that laws should not just be seen by the jurist as norms that should
be followed, but the influence of laws and how well they achieve their objectives should also be
considered. Law is a means of ordering conflicting interests, and how well it achieves this function
should be observed, according to this school.

5) THE REALIST SCHOOL

The realist school is one with a pragmatic approach which grew after the first world war. The main
proponent of this school is Justice Oliver Wendell Holmes. The proponents of this school of
thought are more concerned about law in action and not what it states in statute books. This school
of thought sees judges as law makers since they are in charge of interpreting the law. It has been
stated that the bad man does not care about what the law says after he commits a crime, but what
the courts would do. By interpreting the law, this school of thought posits that judges are actually
law makers. This school of thought has been criticized, as judges are to interpret laws and not to
make laws.

Having considering, the various schools of thoughts, Law may be defined as the system of rules
which a particular country or community recognizes as regulating the actions of its members and
which it may enforce by the imposition of penalties.

CLASSIFICATION OF LAWS
It should be noted that while law is being classified, it is impossible to classify them into watertight
compartments as they often overlap. The major classifications are as follows.

Private law and public law.

Civil law and criminal law.
Civil law and common law.
Municipal law and international law.
Substantive law and adjectival law.
Customary law and non-customary law.
Private law and public law: Private law is the law which regulates the conduct of persons in their
interpersonal dealings, conferring rights and obligations. It includes areas of the law like property
law, law of contract, tort, equity and trust, etc. Public law has to do with law primarily concerned
with the smooth running of the machinery of the state and it caters for situations in which the
smooth running of the state or the state’s interests are threatened. Public law includes constitutional
law, administrative law, criminal law, revenue law, etc. As stated earlier, these classifications are not
watertight and may overlap. An example is a case where A steals B’s car. It may fall under public
law as a crime of stealing, or under private law as the tort of conversion.

Civil law and criminal law: Civil law is mainly concerned with private rights and obligations. Such
actions are often initiated by private persons, although in appropriate cases the government may
also initiate or defend such actions as juristic persons. Whoever commences a civil action is usually
referred to as a plaintiff, or a petitioner in divorce, election and winding up processes where the
action is commenced by petition, while the adverse party is known as the defendant, or respondent,
as the case may be. The purpose of a civil action is usually for the plaintiff to get compensated
either through damages or injunctions. Criminal law, on the other hand, is the law that has to do
with crime. Actions are usually commenced by the state to punish wrongdoers either through
imprisonment or the payment of fines. Crimes may either be minor offences, if the punishment is
imprisonment less than six months, misdemeanors if it attracts imprisonment up to six months but
less than three years, and it is a felony if the commission of the crime attracts three years of
imprisonment without proof of previous conviction. Private persons may arrest anyone whom they
reasonably suspect to have committed a felony, while a private person may only arrest someone
they reasonably suspect of committing a minor offence or misdemeanor at night. The former
position according to the rule in Smith v. Selwyn was that a person must first be tried completely
for the criminal aspect of a case before a civil action could be brought if there were both civil and
criminal elements in the case. The rule has now been abolished and both actions may be brought
simultaneously or the civil action may be brought first. If A slaps B, it would constitute the tort of
battery which is civil law while also constituting the crime of assault.

Civil law and common law: Civil law in this sense refers to the system which developed from
Rome. It is a system in which the laws are codified and the judiciary practices an inquisitorial
system where they are allowed to descend into the arena and inquire into the facts of a case.
Common law, on the other than, refers to the system which was developed from the English system.
There is great emphasis on judicial precedents and the judges are not expected to descend into the
arena and are instead to be unbiased umpires.

Municipal law and international law: Municipal law is the law which operates within a nation.
Laws made by countries are limited by the territorial limits of the countries. An example of this is
the Nigerian Criminal Code which is only applicable in Nigeria and not outside Nigeria. On the
other hand, international law refers to the law which regulates the relationships between states.
These laws are usually made up of international customs, treaties, bilateral agreements and
conventions.

Substantive law and adjectival law: Substantive law refers to the rules of law and legal principles
that define the extent of legal rights and obligations in different areas of law. Questions as to the
validity of a contract, the elements of an offence in criminal law, etc., all have to do with
substantive law. It includes constitutional law, administrative law, law of contract, criminal law, law
of tort, etc. Procedural law, which is also referred to as adjectival law, involves the rules through
which an action may be brought and disposed with. This includes the law of evidence.

Customary law and non-customary law: Customary law refers to the indigenous laws of the people,
although Islamic law is also taken to be customary law even though it is not indigenous. Customary
laws have to be proved before they can be admissible, and they must not be against public policy, in
contradiction with written law, or repugnant to natural justice, equity and good conscience.
Non-customary law refers to every law which is not customary law. This includes English law,
local legislation and case law. Local legislation has prominence over every other law.

FUNCTIONS OF LAW
1)Protection of life and property in the society

2)Maintenance of Peace and orderliness in the society

3)Regulation of human conducts, and protection of fundamental human rights of citizens

4)Law confers rights and imposes obligations on members of the society

5)Law is a means of redressing imbalance in the society

6)Law regulates human conducts in the society

CHAPTER THREE

SOURCES OF NIGERIAN LAW

The source of anything refers to where it is gotten from. The expression “sources of Nigerian law”
is capable of several meanings, depending on the context in which it is used. It may refer to the
formal source, the material source, the historical source and the legal source. The formal source of
law is the very foundation of the entire legal order, the ultimate fountain from which a particular
rule derives its binding authority as law. An example of this is the Nigerian constitution which is
the grundnorm. The material source refers to the written text in which it can be gotten. This may
come in the form of statute books, law reports, etc. The historical source refers to the historical
situation which led to the creation of laws. The legal sources are the accepted processes through
which rules are validated as having the binding force of law. The main concentration for the
purpose of study would be placed in the legal sources and they are as follows.

1)RECEIVED ENGLISH LAW

Since Nigeria’s historical link with Britain around 1861, English law has remained a major source
of the Nigerian Law. Nigeria being a Colony of Britain was subjected to the laws or enactments
made by the Colonial Administration. Similarly, no local legislation could alter any common law
provision. The umbilical connection between Nigeria and Britain has remained valid and strong up
to this day. Section 45 of the Interpretation Act clearly states “ Subject to the provisions of this
section and except in so far as other provision is made by any federal law,
the common law of England and the doctrines of equity, together with the statutes of general
application that were in force in England on the 1st day of January, 1990, shall be in force in Lagos
and in so far as they relate to any matter within the exclusive legislative competence of the federal
legislature, shall be in force in elsewhere in the Federation.”
Nigerian judges are mostly trained along-side the English law style judicial system and that
affection towards English law is glaring from their decisions. The Supreme Court in Ibidapo V
Luthansa Airlines held that subject to Section 315(1) of the 1999 Constitution dealing with existing
laws, all the received English Laws, Multi-Lateral and Bi-Lateral agreements concluded and
extended to the Federal Republic of Nigeria shall remain valid and enforced in Nigeria unless
expressly repealed or declared invalid by a court of law or tribunal established by law.

Nigeria became an independent entity on the 1st of October, 1960.. The result thereof is that Nigeria
has become a sovereign entity by the Independence Act 1960. English laws are thereof applicable
with persuasive influence in Nigeria except expressly declared void.
Most of the then English laws were promulgated into local legislations some with no changes in
their structure and wordings.Unfortunately, most of them remain unchanged in the present day
Nigeria despite the fact they have been repealed or amended in England for been unsuitable for the
present generation. These laws are obsolete and archaic and do not serve the purpose intended in
the present day due to the changes and advancement in the world community. These and other
factors largely contribute in making Nigerian laws and the Nigerian legal system unfit and not
pragmatic in addressing contemporary challenges.

English law is mainly made up of the common law of England, the Doctrines of Equity and the
Statutes of General Application enforced in England on or before October 1, 1900. The common
law is the basic law of the United Kingdom that was developed by the common law.
In the earliest stage of its development, it operated purely on ad hoc ground of fairness but it has
long ago developed into a well established and a reasonably ascertainable body of principles.Equity
generally exhibits its philosophy of fairness based on certain maxims for example equity acts in
personam, equity follows the law, delay defeats equity, etc. In Oil Field Supply Ltd. V Johnson,the
court held that disagreement between the Chancery Court and Common Law Courts became
apparent and litigants are sometimes caught in between. That was settled by King James I62 in
favour of equity. The Chancery Court was developed by the Judicature Act of 1873 and 1875 and
both equity and common law were administered concurrently in the same court subject however to
the superiority of equity in the event of any conflict

2)STATUTES OF GENERAL APPLICATION (SOGA)

These are laws that were in force in England on or before the 1st day of January 1900 constitute the
third part of English law that applies in Nigeria.However, by virtue of the Law of England
(Application law) of 1959, a Statute of General Application does not apply to the old Western
Region. There are basically two requirements to be determined before a Statute of General
Application applies in Nigeria. The former Federal Supreme Court in Lawal V Younan65
reaffirmed the decision in Young V Abina that such statute must be applicable to the whole of the
United Kingdom. The second is on the date of the application (1st January, 1900). In Young V
Abina,the West African Court of Appeal held that it would still be applicable in Nigeria even if it
has been repealed or amended in England after 1st January, 1900. However in Lawal V Ejidike, the
Court of Appeal held that it will be ridiculous for Nigerian Courts to continue to apply a law of
England even if that law has ceased to apply in England. Hence a Statute of General Application
only applies in Nigeria only if it remains a valid and enforceable law in England on the date in
question.

3)NIGERIA LEGISLATION

Legislation is a potent and formidable source of Nigerian law. Generally, Nigerian legislation is
divided into primary and secondary legislation. Primary legislation refers to those laws made by a
body or arm of government that is primarily responsible for law making. For example laws made
by the National Assembly, State Houses of Assembly or Military Administration during Military
era.

4)CUSTOMARY LAW
According to the Evidence Act, custom is “ a rule which in a particular district, has from long
usage, obtained the force of law.”Custom guides in solving practical question such as those related
to moral principles.Custom is therefore the practices and usages of district communities which are
seen as a source of obligation and contemporary legal culture.Before the coming of the colonial
masters, parts of Nigeria that are non-Muslims acted on customary law in their day to day
activities.It was used both in their public and private lives like punishment and marriage
ceremonies. In Oyewunmi Ajagungbade III V Ogunsesan, Obaseki JSC observed that customary
law is
“ The organic and living law of all indigenous people of Nigeria regulating their lives and
transactions. It is organic in that it is not static. It is regulatory in that it controls the lives and
transactions of the community subject to it. It is said that custom is a mirror of the culture of the
people.
For the courts to accept any customary law, it must contain certain characteristics the absence of
which indicates that the practice falls short of being described as custom. First of which is that the
custom must be in existence at the time the issue in question is brought before the court. In Lewis V
Bankole, Speed Ag said “existing natural law and custom and not that of bye gone days.”Secondly,
a custom must be a custom as well as law. The element of law in custom is important because it is
that which in reality carries sanction in the event of breach.While the point is conceded that
disobedience of a custom may attract some form of societal punishment, it lacks that instrumental
sanction which is definite and precise.Similarly, a custom must enjoy acceptability from the people
before it enjoys recognition of the court. By its nature, customary law originates from the practice
of the people and it is not codified in a document form. It therefore follows that a custom is
unwritten and flexible in nature. A custom practiced a century ago may not be applicable today
because with time, circumstances and development, people develop their customs to agree with
reality on ground. Osborn CJ observed in Lewis V Bankole, thus
“ ....indeed, one of the most striking features of West African native custom to my mind is its
flexibility; it appears to have been always subject to motives of expediency, and it shows
unquestionable adaptability to altered circumstances without entirely losing its individualistic
characteristics.”
Universality of application in the substance of the customary law is the last feature of the Nigerian
customary law. Though local variations exist to differentiate between different customs depending
on the tribe or ethnic group but the form and content may be similar.
Generally, customs are subjected to validity tests before it becomes applicable. It must not be
repugnant to natural justice, equity and good conscience or incompatible directly or by implication
with any law. It must equally not be contrary to public policy.The problem however is the parameter
to determine whether a custom does fall contrary to any of the validity tests. There is no defined
rule or guideline to determine the validity of a custom. The colonial administration simple
introduced these tests to sideline or otherwise make inapplicable customs which they feel does not
satisfy their test or are unfit to be applicable. In the southern region, many customs were tagged
repugnant to natural justice equity and good conscience during the days of colonial
administration.Though the tests were introduced by the colonial administration, it continues to
apply even after independence. Hence for a custom to apply in Nigeria, it must pass the validity
tests. See the case of Mojekwu v. Mojekwu

5)CASE LAW /JUDICIAL PRECEDENTS

Like most countries colonized by Britain, Nigeria operates the common law system.Ordinarily the
primary duty of the judiciary is not the making of laws but rather interprets and applies the laws
made by the legislature. However, the pronouncement by the courts over the years governing
specific legal situation constitutes case laws. If a judge is faced with issues not governed
comprehensively by the existing law, the judge is therefore advised not to remain helpless but act
on the maxim that says whenever there is a wrong, there is always a remedy to make fresh rules or
to extend the existing laws to deal with novel cases. This positive move adds to the corpus of
existing laws and is sustained by the operation of the doctrine of judicial precedent.
In Nigeria, the Supreme Court is the highest court and its decision is binding on all other courts in
the federation.Next to the Supreme Court is the Court of Appeal.The Court of Appeal is followed
by the Federal High Court&State High Court, Sharia Court of Appeal-and the Customary Court of
Appeal

CHAPTER FOUR

HIERARCHY OF COURTS IN NIGERIA

Courts are recognized and renowned as the hallowed chambers of justice, where even-handed
justice is meted out to all and sundry, without sentiment, emotion, favoritism or being
unnecessarily embroiled in crass legalism. They are not only courts of law but courts of equity.
Party is entitled to fair hearing before a court and where there is a breach of the rule of fair hearing
as guaranteed by the 1999 Constitution (As Amended), the whole proceedings automatically
become vitiated with a basic and fundamental irregularity, which renders such proceedings null and
void. The test of fair hearing is the impression of a reasonable person who was present at the trial-
whether from his observation, justice has been done in the case.
In Nigeria, the 1999 Constitution (As Amended) divides the structure of government into three arms
– the legislative; the executive and the judiciary. By the provision of Section 6 of the 1999
Constitution (As Amended), judicial powers are vested in the courts. Courts are authorized by law
to exercise jurisdiction at first instance and on appeals on all actions and proceedings relating to
matters between persons, or between government or authority and any person in Nigeria to
determine any question as to the civil rights and obligations of that person. It is in line with this that
we will be considering in this article, the issues of hierarchy and jurisdiction of courts in Nigeria.

THE SUPREME COURT OF NIGERIA

The Supreme Court of Nigeria which is the apex court in Nigeria was established in 1963 following
the proclamation of the Federal Republic of Nigeria and the then 1960 Constitution which came into
operation on October 1, 1963, following the abolition of Section 120 which abrogated the appellate
jurisdiction of the judicial committee of the Privy Council which was Nigeria’s apex court.
The Court is now provided for in Section 230 of the 1999 Constitution (As Amended) and by this
provision, the court consists of the Chief Justice of Nigeria and not more than 21(Twenty One)
judges at all times. The court’s decision on any matter is final and binding on all other courts in
Nigeria without any form of appeal to any other body or person. This of course is without prejudice
to the powers of the President or the Governor of a State with respect to prerogative of mercy for
any person convicted of an offence under any law in Nigeria. Likewise, the decision of the Supreme
Court may be nullified by legislation and more importantly, the Supreme Court can overrule itself.

The Supreme Court which is presently situated in Abuja, Nigeria has original jurisdiction to the
exclusion of any other court in certain disputes. The term “original jurisdiction” means it is the
court of first instance and been the apex court in the country, it consequentially means no appeal
can be heard in respect of those matters before another court in Nigeria. These matters includes: any
dispute between the Federation and a State or between States if and in as far as that dispute involve
any question (whether of law or fact) on which the existence or extent of a legal right depends. The
Supreme Court does not have original jurisdiction on any criminal matter and finally, it has
jurisdiction to the exclusion of any other court in Nigeria to hear and determine any appeal from the
Court of Appeal.

THE COURT OF APPEAL

The Nigerian Court of Appeal is the next court in the hierarchy of courts in Nigeria. Unlike the
Supreme Court which is situated only in Abuja, the Court of Appeal is divided into different
judicial divisions and sits in certain states in Nigeria. It is established by Section 237 of the 1999
Constitution (As Amended), headed by the President of the Court of Appeal and consists of not less
than 49(forty-nine) judges at all times. The court has original jurisdiction to the exclusion of all
other courts in Nigeria to hear and determine any question as to whether – any person has been
validly elected to the office of the President or Vice-President, Governor or Deputy Governor in
Nigeria; appeals from the Federal High Court, the High Court of the Federal Capital Territory,
Abuja, High Court of a State, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia
Court of Appeal of a State, Customary Court of Appeal of a State, Court Martial and any other
Tribunal.
Just like the finality of decisions in Supreme Court, the Court of Appeal also enjoys the finality of
decisions on appeals lying to it from the decisions of the National and State Houses of Assembly
election petitions and also appeal arising from any civil jurisdiction of the National Industrial
Court.

THE FEDERAL HIGH COURT

Like the Court of Appeal, the Federal High Court is divided into different judicial divisions for
administrative convenience and sits in more than 15(fifteen) states in Nigeria. Section 249 of the
1999 Constitution (As Amended) provides for the establishment of the Federal High Court. The
Federal High Court is headed by a Chief Judge and consists of such number of Judges as may be
prescribed by an Act of the National Assembly but is duly constituted if it consists of at least one
Judge of the court. The Court has exclusive jurisdiction in civil cases and matters as set out under
Section 251 (1) of the 1999 Constitution (As Amended).

It is important to note that the Federal High Court also has appellate jurisdiction and all the powers
of the High Court of a State. The court shares concurrent jurisdiction with the State High Court in
matters relating to banker-customer relationship, interpretation or application of the constitution
and fundamental human rights enforcement cases.

THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY (FCT)/ STATE HIGH COURT
There is a High Court of the Federal Capital Territory, Abuja which caters for the FCT and High
Court of a State. Section 255 of the 1999 Constitution (As Amended) provides for the establishment
of a High Court of the Federal Capital Territory, Abuja while Section 270 provides for the
establishment of a High Court for each State of the Federation. The High Court of the Federal
Capital Territory and the State High Court individually is headed by the Chief Judge and consist of
such number of Judges as may be prescribed by an Act of National Assembly (in respect of the
High Court of the Federal Capital Territory, Abuja) or the State House of Assembly (in respect of
the High Court of a State). A High Court has the widest jurisdiction under the 1999 Constitution
(As Amended) in civil and criminal matters and has appellate jurisdiction over decisions of
Magistrate Courts, Customary Courts, Area Courts etc.

NATIONAL INDUSTRIAL COURT

The National Industrial Court is established by Section 254A of the 1999 Constitution (As
Amended), headed by the President of the National Industrial Court and consist of such number of
Judges as may be prescribed by an Act of the National Assembly. Like the Federal High Court, the
National Industrial Court is also divided into different judicial divisions for administrative
convenience which sits in some States in Nigeria. The exclusive jurisdiction of the National
Industrial Court in civil causes and matters are set out in Section 254C of the 1999 Constitution and
it has all the powers of the High Court of a State and an appellate jurisdiction.

SHARIA COURT OF APPEAL

There is a Sharia Court of Appeal for the Federal Capital Territory, Abuja which caters for the FCT
and State Sharia Court of Appeal. Section 260 of the 1999 Constitution (As Amended) provides for
a mandatory establishment of a Sharia Court of Appeal of the Federal Capital Territory, Abuja
while Section 275 provides for an optional establishment of a Sharia Court of Appeal for any State
that requires it in Nigeria. Both courts are headed by a Grand Kadi and consist of such number of
Kadis as may be prescribed by an Act of the National Assembly for Sharia Court of Appeal of the
Federal Capital Territory, Abuja and the House of Assembly of a State for a State Sharia Court of
Appeal. Both courts exercise appellate and supervisory jurisdiction in civil proceedings involving
questions of Islamic personal law.

CUSTOMARY COURT OF APPEAL

Like the Sharia Court of Appeal, there is a Customary Court of Appeal of the Federal Capital
Territory, Abuja and a

MAGISTRATE COURTS AND DISTRICT COURTS

Although not provided for in the 1999 Constitution (As Amended), it is established by the law of
the House of Assembly of a State. A magistrate court is a court of summary judgment as matters are
determined in this court without pleadings or briefs filed by the parties. In the Southern part of
Nigeria, they are referred to as Magistrate courts but they are referred to as District courts in the
Northern parts of Nigeria when they sit in their civil jurisdiction. The jurisdiction of a magistrate
courts is provided for under the various magistrate court rules of each state establishing them.

CHAPTER FIVE

RULES OF INTERPRETATION OF LAW

One of the major functions of the Court is to interpret and apply the laws to the cases brought
before it. Over the years, the Courts have formulated some basic rules of interpretation and the
understanding of these basic rules will also assist in drafting simple and unambiguous documents.

Meaning of Interpretation

The Supreme Court in the case of Olofu v. Itodo (2010) 18 NWLR (Pt. 1225) 545 at 585 paras. F –
G held thus: “I must remark here that in the interpretation of any statute or instrument, the object is
to ascertain the intention of the legislature that had drawn it. The cardinal principle is that parties
are presumed to intend what they have in fact said or written down.” This shows that the Courts in
the course of interpreting the provisions of a statute or any document are basically trying to give
effect the intention of the draftsmen of the statutes or documents.

Main Rules

The main principles of interpretation are the Literal Rule, Golden Rule and Mischief Rule.

(1) THE LITERAL RULE

According to this rule, the words used in statutes and legal instruments are to be construed literally
i.e. by giving the words their ordinary grammatical meaning. See the case of Global Excellence
Comm. Ltd v Donald Duke (2007) 16 NWLR (Pt. 1059) 22 in respect of Section 308(1)(a) of the
Constitution.

(2) THE GOLDEN RULE

The wordings of a statute or legal instrument must be given their ordinary grammatical meaning but
where the ordinary meaning will lead to absurdity, the Court should adopt an interpretation that
avoids such absurdity. See the case of Saraki v FRN (2016) LPELR-40013 (SC). Furthermore,
where the words to be interpreted are ambiguous, it is the court’s duty to interpret the words in such
a manner as to avoid absurdity. It is under this rule that the Courts sometimes construe ‘“or’’ as
conjuctive and “and’’ as disjunctive. See the English case of Brown & Co v T & J Harrison (1927)
All ER 195 at 203.

The Supreme Court applied this principle in the cases of Ndoma-Egba v Chukwuogor (2004) 6
NWLR (Pt. 869) 382 at 409 and Kabirikim v Emefor (2009) 14 NWLR (Pt. 1162) 602 at 623.

(3) THE MISCHIEF RULE According to this rule, in order to interpret a statute properly, it is
necessary to consider what the law was before the statute to be construed was passed and what
mischief did the old law not provide for as well as the remedy/cure for that mischief which is
provided by the statute being interpreted. In short, this rule stipulates that the Court basically
should construe statutes in such a manner as to suppress the mischief and advance the remedy. A
good example is the case of Rotimi Ameachi v INEC (2007) 5 NWLR (Pt. 1080) 227 and Section
141 of the Electoral Act, 2010.

FACTS OF AMAECHI CASE

When Amaechi contested at the PDP Governorship Primaries in Rivers State some years ago,with
7 other contestants and won. PDP sent his name to INEC as its Governorship candidate but
subsequently substituted Celestine Omehia ’ s ( “ Omehia ” ) name for Amaechi. Meanwhile,
Omehia did not participate in the said PDP Primaries. Amaechi subsequently sued INEC at the
Federal High Court (“FHC”) challenging the substitution of his name on grounds that the PDP did
not comply with Section 34 of the Electoral Act, 2006 and joined PDP and Omehia as defendants.
The FHC ruled against Amaechi and he appealed to the Court of Appeal. While that appeal was
pending, the Governorship Election was conducted in Rivers State and Omehia was sworn in as
Governor of Rivers State. Amaechi lost at the Court of Appeal and he appealed to the Supreme
Court. The Supreme Court eventually held that his substitution was unlawful and declared him
Governor of Rivers State.

Sequel to the decision of the Supreme Court in Ameachi ’ s case, the Electoral Act of 2006 was
amended by the National Assembly and Section 141 now provides that “ an election tribunal or
court shall not under any circumstance declare any person a winner at an election in which such
person has not fully participated in all stages of the said election.” The mischief the amendment
cured is obvious.
5)EJUSDEM GENERIS RULE
Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means “ of the same kind. ” The
statutory and constitutional construction principle of “ejusdem generis” states that where general
words or phrases follow a number of specific words or phrases, the general words are specifically
construed as limited and apply only to persons or things of the same kind or class as those expressly
mentioned. For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other
motor-powered vehicles, a court might use ejusdem generis to hold that such vehicles would not
include airplanes, because the list included only land-based transportation.