UNIT 8

COURT STRUCTURE

1. Supreme court: The Supreme Court of Nigeria is the highest court in the country. It has both original and appellate jurisdiction, but its original jurisdiction is limited to matters such as disputes between the Federation and a state or between states. The court is composed of the Chief Justice of Nigeria and not more than 21 Justices, as provided under section 230 of the 1999 Constitution of Nigeria. Appeals to the Supreme Court can be made as of right in cases involving questions of law, final decisions in civil or criminal proceedings on the grounds of the breach of fundamental rights, and matters that pertain to the interpretation or application of the constitution.
2. Court of appeal: The Court of Appeal serves as an intermediary appellate court, reviewing decisions from both the Federal High Court and State High Courts. It has both original and appellate jurisdiction. The court is composed of the President of the Court of Appeal and such number of Justices as may be prescribed by an Act of the National Assembly, with a minimum of 49 Justices. See section 237 of the 1999 Constitution. The Court of Appeal has divisions spread across various states in Nigeria to ensure accessibility.
3. Federal high court: The Federal High Court has jurisdiction over specific subject matters such as revenue of the government, admiralty, banking, foreign exchange, and other financial crimes. Its jurisdiction is outlined in Section 251 of the 1999 Constitution. The court is headed by a Chief Judge and consists of other Judges as prescribed by an Act of the National Assembly.
4. High court of the states and the federal capital territory: The High Courts have general jurisdiction over civil and criminal matters. Each state and the Federal Capital Territory (FCT) have their own High Court. The jurisdiction of these courts is prescribed under Section 272 of the 1999 Constitution. They are presided over by a Chief Judge and other Judges as may be appointed.
5. National industrial court: The National Industrial Court handles labor and employment-related matters. It was established by the National Industrial Court Act, 2006, and its jurisdiction is now embedded in Section 254A of the 1999 Constitution as amended. The court deals with disputes arising from employment, workplace conditions, trade unions, and industrial relations.
6. Sharia court of appeal: The Sharia Court of Appeal exists in states that have adopted Sharia law and has jurisdiction over matters involving Islamic personal law. The jurisdiction and composition of the court are outlined in Sections 260 and 275 of the 1999 Constitution. The court is headed by a Grand Kadi and other Kadis.
7. Customary court of appeal: The Customary Court of Appeal hears appeals from Customary Courts in matters pertaining to customary law. The jurisdiction and composition of the court are defined under Sections 265 and 280 of the 1999 Constitution. It is headed by a President and other Judges.

CIVIL PROCESS

See the case of Olaniyan v. University of Lagos (1985) 2 NWLR (Pt. 9) 599 where the court outlines the principles guiding civil procedure and section 6 of the 1999 Constitution which establishes the judicial powers and structure of courts.

1. Commencement of actions: Civil actions in Nigeria are usually commenced by filing a writ of summons, originating summons, or petition, depending on the nature of the case. The processes are governed by the Civil Procedure Rules of the respective courts.
2. Pleadings: Pleadings are formal documents filed by parties to a civil case, stating their claims and defenses. The main pleadings include the statement of claim, statement of defense, and reply to the defense. These documents help to define the issues in dispute.
3. Pre-trial procedures: Pre-trial procedures include case management conferences and pre-trial reviews aimed at simplifying the issues, identifying admissions, and exploring settlement options. These procedures are designed to expedite the trial process.
4. Trial: During the trial, parties present their evidence, which can include witness testimonies, documents, and exhibits. The trial judge evaluates the evidence and makes a determination based on the preponderance of evidence.
5. Judgement: After the trial, the judge delivers a judgment, which may include orders for damages, injunctions, or specific performance. The judgment is based on the evidence presented and applicable law.
6. Appeals: Parties dissatisfied with a judgment may appeal to a higher court. The appellate process involves the review of the lower court's decision for errors of law or fact. Appeals from the High Court go to the Court of Appeal and subsequently to the Supreme Court.

CRIMINAL PROCESS

See the case of State v. Ilori (1983) 1 SCNLR 94 where the court discusses the principles of criminal prosecution, sections 214-215 of the 1999 Constitution which establishes the Nigerian Police Force and their duties and section 36 of the 1999 Constitution whhich provides for the right to fair hearing in criminal matters.

1. Arrest: The criminal process often begins with the arrest of a suspect by the police or other law enforcement agencies. Arrest procedures are governed by the Criminal Procedure Act (CPA) and the Administration of Criminal Justice Act (ACJA), 2015.
2. Charging: After arrest, the suspect is charged with a specific offense. The charge sheet or information outlines the allegations against the suspect. The CPA and ACJA provide guidelines on the proper formulation of charges.
3. Bail: A suspect may apply for bail pending trial. Bail is granted to ensure that the suspect appears in court while also respecting their presumption of innocence. Conditions for granting bail are specified in Sections 158-188 of the ACJA.
4. Arraignment: During arraignment, the charges are read to the accused in court, and they are asked to enter a plea. The plea can be guilty or not guilty. This stage ensures the accused understands the charges against them.
5. Trial: The trial process involves the presentation of evidence by the prosecution and defense. The prosecution must prove the accused's guilt beyond a reasonable doubt. Both parties can call witnesses and present exhibits.
6. Judgement and sentencing: After the trial, the judge delivers a judgment. If the accused is found guilty, the judge imposes a sentence, which may include imprisonment, fines, or other penalties. The sentencing guidelines are provided in the Criminal Code Act and the Penal Code Act.
7. Appeals: Convicted persons have the right to appeal their conviction and sentence. The appeal process involves the review of the trial court's decision by an appellate court. Appeals can be made on grounds such as errors of law, miscarriage of justice, or procedural irregularities.

CRIMINAL AND CIVIL PROCESSES

See the case of Fawehinmi v. Akilu (1987) 4 NWLR (Pt. 67) 797 where the dourt discusses the distinctions between civil and criminal liability and sections 6 and 36 of the 1999 Constitution which outline the judicial powers and rights to fair hearing in both criminal and civil matters.

1. Comparison: Criminal and civil processes serve different purposes in the legal system. Criminal processes are designed to address violations of criminal laws and involve the state prosecuting offenders. The aim is to maintain public order and safety. Civil processes, on the other hand, are aimed at resolving disputes between private parties, providing remedies for violations of private rights.
2. Burden of proof: In criminal cases, the burden of proof is on the prosecution, which must prove the accused's guilt beyond a reasonable doubt. In civil cases, the burden of proof is on the plaintiff, who must prove their case on the balance of probabilities.
3. Rights of the parties: Accused persons in criminal cases are guaranteed certain rights, such as the right to remain silent, the right to legal representation, and the right to a fair trial. In civil cases, parties have the right to present their case, call witnesses, and cross-examine the opposing party's witnesses.
4. Remedies: Criminal cases result in penalties such as imprisonment, fines, or community service. Civil cases result in remedies such as damages, injunctions, or specific performance.

CONCLUSION

By understanding the court structure and the distinct processes involved in civil and criminal cases, one can navigate the Nigerian legal system more effectively, ensuring that justice is served in both public and private spheres.