UNIT 7

HISTORICAL DEVELOPMENT OF JUDICIAL INSTITUTIONS

The historical development of judicial institutions in Nigeria can be traced through various periods, each marked by significant changes and reforms. These periods include the pre-colonial era, the colonial period, and the post-independence era.

1. Pre colonial era: In the pre-colonial era, indigenous judicial systems were in place across different regions in Nigeria. These systems were based on customs and traditions unique to each ethnic group. For instance, among the Yorubas, the Oba (king) and his council of chiefs adjudicated disputes and the Igbos practiced a more decentralized system where village elders resolved conflicts. While in the Northern part of Nigeria, the Islamic legal system was prevalent, particularly among the Hausa-Fulani, with the Alkali (judge) courts administering Sharia law.
2. Colonial period: The advent of British colonial rule introduced formal judicial institutions modeled after the English legal system. Key developments during this period include:
   
   1. Establishment of courts: this is where the British established the Supreme Court in 1863 in Lagos to administer English law to British subjects and, later, to Nigerians. Other courts such as the Provincial Courts and Native Courts were also created.
   2. Introduction of statutory laws: this is where various ordinances were enacted, including the Supreme Court Ordinance of 1863 and the Native Courts Proclamation of 1900, which established a dual legal system where customary laws operated alongside English laws.
3. Post-independence era: Following Nigeria's independence in 1960, significant reforms were made to develop an indigenous judicial system. These include:
   
   1. 1963 constitution: this caused the establishment of the Federal Supreme Court (now the Supreme Court of Nigeria) and the High Courts in each region.
   2. 1976 reforms: this caused the creation of the Federal Court of Appeal (now the Court of Appeal) to ease the burden on the Supreme Court.
   3. Current structure: this caused the judicial system which now comprises of the Supreme Court, Court of Appeal, Federal High Court, State High Courts, and specialized courts such as the National Industrial Court.

JUDICIAL INSTITUTIONS

1. Supreme court: The Supreme Court is the highest court in Nigeria. It has both original and appellate jurisdiction, primarily hearing appeals from the Court of Appeal. Its decisions are final and binding on all other courts. See section 230-236 of the 1999 Constitution of the Federal Republic of Nigeria.
2. Court of appeal: The Court of Appeal hears appeals from the Federal High Court, State High Courts, and other lower courts. It has divisions across the country to ensure accessibility. See section 237-248 of the 1999 Constitution.
3. Federal hight court: The Federal High Court has jurisdiction over matters specifically assigned to it by the Constitution and federal laws, including revenue, banking, and federal government agencies. See section 249-254 of the 1999 Constitution.
4. State high courts: State High Courts have general jurisdiction over civil and criminal matters within their respective states. They also serve as appellate courts for lower courts. See section 270-274 of the 1999 Constitution.
5. Specialized courts: The specialized courts includes the National Industrial Court, Customary Courts, Sharia Courts, and Election Tribunals, each with jurisdiction over specific types of cases.

THE PERSONNEL OF THE NIGERIAN LEGAL SYSTEM (JUDICIAL OFFICERS)

Judicial officers are responsible for adjudicating disputes and interpreting laws. See the case of Olu Onagoruwa v. State (1993) 7 NWLR (Pt. 303) 49 where the court highlights the independence and impartiality required of judicial officers. They include:

1. Justices of the supreme court: the justices of the supreme court are appointed by the President on the recommendation of the National Judicial Council (NJC) and confirmed by the Senate.
2. Justices of the court of appeal: the justices of the court of appeal are also appointed by the President based on NJC recommendations.
3. Judges of the federal and state high courts: the judges of the federal and state high courts are appointed by the President or State Governors on NJC recommendations.

THE PERSONNEL OF THE COURT OTHER THAN JUDICIAL OFFICERS

1. Registrars: Registrars play a crucial role in the administration of justice. They handle the filing of cases, maintain court records, and assist judges in managing their schedules. They are appointed based on their qualifications and experience in legal administration. See the Rules of Court, which outline the duties and responsibilities of court registrars.
2. Court clerks: Court clerks assist registrars and judges by maintaining case files, preparing court documents, and ensuring that court proceedings run smoothly. They are often the first point of contact for litigants and legal practitioners.
3. Bailiffs: Bailiffs are responsible for serving court documents, executing court orders, and ensuring the presence of witnesses during court proceedings. They play a vital role in enforcing judicial decisions. See the Sheriff and Civil Process Act, which governs the duties and powers of bailiffs.
4. Legal practitioners: Legal practitioners, including both barristers and solicitors, represent parties in legal proceedings, provide legal advice, and draft legal documents. They are regulated by the Nigerian Bar Association (NBA) and must adhere to the rules of professional conduct. See the case of Legal Practitioners Disciplinary Committee v. Chief Gani Fawehinmi (1985) 2 NWLR (Pt. 7) 300 where the court underscores the professional responsibilities and ethical standards expected of legal practitioners.

CONCLUSION

The judicial institutions and personnel of the Nigerian legal system have evolved significantly from pre-colonial times to the present day. The current structure ensures a comprehensive system for the administration of justice, supported by various personnel who contribute to the effective functioning of the courts. These institutions and individuals uphold the rule of law, ensuring that justice is served in a fair and impartial manner.