UNIT 9

INFERIOR COURTS

Inferior courts in Nigeria are courts of lower jurisdiction which primarily deal with less serious cases. These courts are integral to the judicial system, handling a high volume of cases to ensure that higher courts are not overburdened.

TYPES OF INFERIOR COURTS

1. Magistrate courts: Magistrate courts are the most common type of inferior courts in Nigeria. They are established by state laws and handle minor civil and criminal cases. Magistrate courts have jurisdiction over civil matters such as claims not exceeding a certain monetary threshold, landlord and tenant disputes, and minor criminal offenses. See the case of Agbai v. Okogbue (1991) 7 NWLR (Pt. 204) 391 where the court illustrates the jurisdictional limits of magistrate courts in handling civil disputes.
2. Customary courts: Customary courts adjudicate matters based on customary law. These courts are prevalent in areas where traditional practices and norms strongly influence daily life. Customary courts handle cases involving marriage, inheritance, and land disputes under customary law. See the Customary Court Law of Lagos State, 2009 which governs the establishment and jurisdiction of customary courts in Lagos State.
3. Sharia courts: Sharia courts operate in Northern Nigeria, where Islamic law is predominant. These courts handle cases involving personal law, including marriage, divorce, and inheritance, based on Sharia principles. Sharia courts have jurisdiction over Muslims in matters of personal law. See the case of Amina Lawal v. State (2003) 5 SC (Pt. III) 1 where the court highlights the application of Sharia law in personal matters and the jurisdiction of Sharia courts.

SPECIAL COURTS

Special courts are established to handle specific types of cases that require specialized knowledge or expedited resolution. These courts are designed to streamline the judicial process and provide expertise in certain legal areas.

TYPES OF SPECIAL COURTS

1. Industrial court: The National Industrial Court (NIC) deals with labor and employment-related disputes. The NIC has exclusive jurisdiction over matters relating to labor, industrial relations, employment, and workplace conditions. See the National Industrial Court Act, 2006 which provides for the establishment and jurisdiction of the NIC and the case of PENGASSAN v. Mobil Producing Nigeria Unlimited (2013) 32 NLLR (Pt. 92) 243 where the court underscores the NIC’s jurisdiction in resolving labor disputes.
2. Election tribunals: Election tribunals are specialized courts established to handle disputes arising from elections. These tribunals ensure that election-related cases are resolved promptly to maintain the integrity of the electoral process. Election tribunals have jurisdiction over disputes concerning the conduct and outcome of elections. See the Electoral Act, 2022 which governs the establishment and procedures of election tribunals and the case of Buhari v. INEC (2008) 19 NWLR (Pt. 1120) 246 where the court illustrates the role of election tribunals in adjudicating electoral disputes.
3. Tax appeal tribunal: The Tax Appeal Tribunal (TAT) handles disputes between taxpayers and tax authorities. The TAT has jurisdiction over cases involving tax assessments, payments, and disputes with tax authorities. See the Federal Inland Revenue Service (Establishment) Act, 2007 which provides for the establishment of the TAT and the case of Chevron Nigeria Ltd v. FIRS (2018) 36 TLRN 1 where the court demonstrates the TAT’s role in resolving tax disputes.

THE LEGAL AID

Legal aid is a service designed to provide legal assistance to individuals who cannot afford to hire a lawyer. The aim is to ensure access to justice for all, regardless of financial status.

LEGAL AID COUNCIL

The Legal Aid Council of Nigeria (LACN) was established to manage and provide legal aid services across the country. See the Legal Aid Act, 2011 which establishes the Legal Aid Council and outlines its functions and powers. Eligibility for legal aid is based on financial need where applicants must demonstrate that they lack the resources to hire a lawyer. See the case of A.G. Lagos State v. Dosunmu (1989) 3 NWLR (Pt. 111) 552 where the court highlights the importance of providing legal aid to ensure fair trial rights. The LACN offers a range of services, including legal representation, legal advice, and mediation. These services are available to indigent persons in both civil and criminal matters and they include;

1. Criminal matters: this is where legal representation is provided to defendants who cannot afford a lawyer, ensuring fair trial rights are upheld.
2. Civil matters: this is where assistance is offered in cases involving family law, landlord and tenant disputes, and other civil matters where the individual lacks the means to secure legal representation.

IMPACT AND CHALLENGES

Legal aid has significantly improved access to justice in Nigeria, ensuring that indigent persons can seek redress in the courts. However, challenges such as inadequate funding, lack of awareness, and limited resources hinder the effectiveness of legal aid services. These includes;

1. Funding: this is where insufficient funding limits the ability of the LACN to provide comprehensive legal services.
2. Awareness: this is where many individuals are unaware of the availability of legal aid services, leading to underutilization.
3. Resources: this is where limited resources, including a shortage of qualified legal practitioners willing to provide pro bono services, affect the reach and quality of legal aid.

RECOMMENDATIONS

To enhance the effectiveness of legal aid in Nigeria, the following measures are recommended:

1. Increased funding: this is where allocation of more resources to the LACN will help to expand its services and improve its reach.
2. Awareness campaigns: this is where conducting nationwide awareness campaigns will help to inform the public about the availability and benefits of legal aid.
3. Partnerships: this is where fostering partnerships with non-governmental organizations and private law firms will help to increase the pool of legal practitioners providing pro bono services.

CONCLUSION

Inferior and special courts play a crucial role in the Nigerian judicial system by handling specific types of cases efficiently. Legal aid ensures that justice is accessible to all, regardless of financial status. Both components are essential for a fair and effective justice system in Nigeria.