NIGERIAN LEGAL SYSTEM

Lectures: Below is a description of the contents. HUMAN RIGHTS These refer to those inalienable rights enjoy by a human being, protected by local national and international Charter such as the Universal Declaration of Human Right, the African Charter on human and people, Rights (Ratification and Enforcement Act CAP 10 LFN 2004) and Chapter IV of the Nigerian Constitution ion amongst others. (1)The word Right is derived from the Latin word “rectus” which in the normal form means that to which a person has just and valid claims Human Rights is a concept which regards human being as having Universal rights or status ,regardless of Legal jurisdiction and other localized factors. Human Rights are natural rights, inherent or innate rights every person is born with which cannot be taken away. Also they are rights that every civilised society must accept as belonging to each person as a human being. The Universal Declaration on Human right provides that everyone is entitled to all the rights and freedoms set forth in this Declaration without destruction or any kind. Such as race, colour, sex language, religion, political or others opinion, national or social origin, property, birth or other status. INSTRUMENTS FOR THE PROTECTION OF HUMAN RIGHTS a. Universal Declaration on Human rights b. The Nigeria 1999 Constitution LFN Cap c23 2004 c. Africa Charter on Human and people Rights[ratification and enforcement Act 2004 d. European Convention Human Rights e. International Covenant on Civil and Political Rights. FUNDAMENTAL HUMAN RIGHTS According to the Constitution of Nigeria 1999 as amended Section 33-44 provide for the fundamental rights as enshrined in Chapter 4 of the Constitution. 1) Right to life 2) Right to dignity of human person 3) Right to personal liberty 4) Right to fair hearing, 5) Right to private and family life 6) Right to freedom of thought conscience and religion 7) Right to freedom of expression and of the press 8) Right to peaceful assembly and association 9) Right to freedom of movement 10) Right to be free from all forms of discrimination 11) Right to acquire and own immoveable property anywhere in Nigeria etc. However, the constitution contains some rights that are human rights but described as fundamental objectives and directive principle of state policy, but are not justiciable. DISTINCTION BETWEEN HUMAN RIGHTS AND FUNDAMENTAL RIGHTS. There is no distinction between human rights and fundamental rights, in the Nigeria Constitutional parlance. This is because of the provision and description of the fundamental rights enforcement procedure Rules 2009. It defines Human Rights to include fundamental rights. The Court has held as follows IN Uzokwe v Ezeonu II (1991) 6th NWLR pt 200 pg 708&760 Due to the development of Constitutional Law in this field, distinct difference has emerged between, fundamental rights and Human Rights. It may be recalled that human rights were derived from and out of the under concept of natural rights. They are rights which every civilized society most accept as belonging to each person as a human being. These were termed human rights. When the United Nations made its declaration in respect of Human Rights as it was envisaged that certain Rights belong to all human beings irrespective of Citizenship race, religion, and so on. This has now form part of international Law. Fundamental Rights remain in the realm of domestic Law. They are fundamental because they have been guaranteed by the fundamental Law of the Country that is by the Constitution. FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE RULES 2009) This is the rule as issued by the Chief Justice of Nigeria as a guiding document for the procedure for enforcement of Fundamental Human Rights. It is called (FREP Rules) it is Codified Pursuant to Section 46 of the Constitution. The Chief Justice of Federal Republic of Nigeria may make rules from time to time with respect to the practice and procedure of a High Court for the purpose of this Section. Please note that the High Court Mentioned herein includes federal High Court. Any Right guaranteed by the provisions of chapter 4 of the Constitution i.e 33 – 44 once the African Charter on Human and people Right (Ratification and enforcement Act are consideration to be of high protection with the provision of (FREP Rules) Succinctly, the Rules abolished the doctrine of locus Standi in human rights cases which has at the time past severed as a tool to stale human cases in Nigeria as an applicant was required to show sufficient interest in the action with the abolition of Locus Standi, the door is widely open to public interest litigation in the field of human rights. The rules also abolished doctrine of limitation of time or statutes for the enforcement of fundamental human rights. Human Rights cases are to be accorded accelerated hearing by the Courts. QUALIFICATION FOR INSTITUTING A SUIT FOR THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS a. Any litigant enforcing his personal right b. Any person acting on behalf of the victim c. Any person acting as a member of, or in the interest of a group or class of persons. d. Public spirited interest litigation e. Group interest litigation ROLE OF JUDICIARY IN NIGERIA According to the Oxford Advanced Learner’s Dictionary, the term “Judiciary” is “usually the judges of a country or a state, when they are considered as a group.” On the other hand, the Boviers Dictionary defines “Judiciary” as “the system of courts of justice in a country. The department of government concerned with the administration of justice”. The foregoing definitions highlight certain essential attributes or certain prerequisites that go to make up a judiciary; namely: Judges, courts of law and administration of justice. But, the judiciary is a legal institution and so, one has to resort not merely to the ordinary definition in an ordinary dictionary but also decidedly to a legal definition in a legal dictionary. Thus, the Black’s Law Dictionary defines the term ‘judiciary’ as follows: The branch of government responsible for interpreting the laws and administering justice.A system of courts.A body of judges. Therefore, the judiciary is the arm of government which in a democratic system, like the present administration in Nigeria, is vested with the judicial power - the power to construe and apply the law. Functionally, the judiciary is a mechanism for the resolution of disputes and balancing of conflict interests. By judiciary, we mean the court system of a country. The role of the judiciary in Nigeria cannot be over-emphasized sec 6 of the 1999 constitution established the judiciary and vest its power on the courts. Being that as it may the judiciary is constituted as the ultimate interpreter of the constitution and to itis assigned to delicate task of determining what is the extent and scope of the power conferred on each branch of government, what he limits on the exercise of such power under the constitution are and the determination of the question whether any action of any branch transgresses such limits. In short, the judiciary is the guardian of the constitution and of the democratic process. This position is re-echoed in Attorney General OfBendel State v. Attorney General of The Federation,where the Supreme Court held that courts of law in Nigeria being guardians of the constitution, shall always rise to their feet to declare any purported infraction of the constitution null and void. Also Nigerian courts have held that as guardians of the constitution, whenever in a proceedings, a constitutional issue is raised, the must first examine such an issue closely to ensure that it is not lightly treated, for to do otherwise would amount to disregarding the constitution. Secondly, the judiciary ensures that every exercise of power by other organs of government is in accordance and in compliance with the requirements of Rule of Law. In Military Governor of Lagos State v. Ojukwu, the Nigerian Judiciary upheld the rule of law in the following immortal language. The Nigerian constitution is founded on the rule of law, the primary meaning of which is that everything must be done according to law. Thirdly, the judiciary, of the three arms of government only, has the competence to supervise and review the actions of the other two and where necessary declare them null and void. This view-point was emphasized by Fatai-Williams CJN (as he then was) in Attorney-General of Bendel State v. Attorney-General of the Federation and 22. Ors in the following words: …courts of law in Nigeria have the power and indeed the duty to see to it that there is no infraction of the exercise of legislative power, whether substantive or procedural as laid in the relevant provisions of the constitution. No wonder of all the three arms of government, the judiciary seems to be the most revered. Fourthly, the judiciary adjudicates on disputes between states, between the state and individuals, between individuals and corporations or corporate entities, among others. The judiciary determines the meaning of the laws of the country. For instance in Attorney-General of Lagos State v. Attorney General of the Federation and 35 ors, the Supreme Court held that section 2(2) of the 1999 constitution of Nigeria re-enacts the doctrine of Federalism. According to the Supreme Court, in that case, the section not only ensures the autonomy of each government in the sense of being able to exercise its own will in the conduct of its affairs within the constitution, free from direction byanother unit of government; but also shows that none of the government is subordinate to the other. All in all, the judiciary has a cardinal role to play in the administration of justice. The judiciary decides the results of elections if challenged by defeated and aggrieved candidates. The judiciary determines the legality or otherwise of various kinds of behaviour referred to it by litigants. The judiciary also plays an active role in impeachment proceedings against the President, Vice President, Governor and Deputy Governors as well as in the investigation of corruption against these aforementioned officials. The law making power of the judiciary through the interpretation of the law and the principle of stare decisis is also note-worthy. Conclusively, the judiciary by the nature of powers vested in courts by the constitution stands between the government and the citizens. It is the last hope of the common man, the hope of the hopeless, the defender of the defenceless and upholder of the rule of law. However, the judiciary is not free from all the pervasive phenomenon of corruption in Nigerian society HISTORY AND DEVELOPMENT OF COURTS IN NIGERIA The law of Nigeria consists of courts, offences, and various types of laws. Nigeria has its own constitution which was established on 29 May 1999. The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia (Islamic) Law. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post-colonial independence. Customary law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of pre-colonial Yoruba land secret societies and the Èkpè and Okónkò of Igboland and Ibibioland. Sharia Law (also known as Islamic Law) is used only in Northern Nigeria, where Islam is the predominant religion. The country has a judicial branch, the highest court of which is the Supreme Court of Nigeria. However, in 1963 following the proclamation of the federal republic of Nigeria and the constitution which came into operation on October 1st , 1963 ,section 111 of this constitution gave legal instrument that gave birth to the supreme following abolition section 120 which abrogated the appellate jurisdiction of the judicial committee of the privy council which was Nigeria apex court. Indeed, one aspect of Nigeria sovereignty.is the capacity to exercise supreme and final appellate judicial authority over any matter which comes before the nation’s courts was not even fully liberated with independence in 1960 as the nation’s courts were put under the final appellate of the British monarch through the privy council, equally the internationally recognized head of the Nigeria government remained the British monarch even through the executive powers an indigenous governor –General appointed by her .The Nigerian court system begins with various local and district courts this continues with appellate and high courts; and culminates with the supreme court of Nigeria. Finally the system of court in Nigeria in terms of hierarchy is based on the concept of court system in Nigeria It is apposite to state that in the pre colonial era in lgbo land being a cephalous society has traditional methods of dispute resolution .Again, in the northern Nigeria there existed a court system that may be liking to a modern Nigeria court. In Yoruba land customary rules formed bulk of their courts system as institutions and power individuals exercise judicial powers. This system of judicial administration posed at major problem to European foreigners this led to the establishment of consul courts by British government but this did not abolish the traditional court system The following are the courts established before this era of judicial exposure, they are District commissioner’s courts, Divisional court and full court this occurred when Lagos was part of Gold coast colony. By an ordinance a supreme court was established this was pursuant to 1886 ordinance.in 1906 native courts ordinance extended native courts to Lagos colony. In 1933 a high court and magistrate courts which repealed the provincial court ordinance. Also of note is the West African court of Appeal Ordinance which also existed in 1933.universal court system was adopted in 1943.in 1954 when a federal system was adopted for Nigeria a Federal Supreme court, High court in Lagos and other three regions and magistrate courts for different parts of Nigeria. Today in there exist a federal High court, Court of Appeal and recently national industrial court. THE TYPES OF COURTS IN NIGERIAN LEGAL SYSTEM AND JURISDICTION The Nigerian constitution recognizes courts as either Federal or State courts. A primary difference between both is that the President appoints Justices/Judges to federal courts, while State Governors appoint Judges to state courts. All appointments (federal or state) are based on the recommendations of the National Judicial Council. The Federal courts are: the Supreme Court, the Court of Appeal and the Federal High Court. The State courts include: the High Court of a State, the Customary Court of Appeal of a State and the Sharia Court of Appeal of a State. Each of the states (currently thirty-six) is constitutionally allowed to have all of these courts. However, the predominantly Muslim northern states tend to have Sharia courts rather than Customary courts. The predominantly Christian southern states tend to have Customary courts and not Sharia courts. Due to the fact that the Nigerian capital (known as happy town or The Federal Capital Territory, FCT) is not a state, it has no Governor. Its courts that are equivalent to the state courts have their Judges appointed by the President and are thus federal courts. The FCT courts are: the High Court of the FCT, the Customary Court of Appeal of the FCT and the Sharia Court of Appeal of the FCT. Tier 1 Court: Supreme Court The Supreme Court of Nigeria is the highest court in Nigeria. It is based in the capital, Abuja. The Supreme Court is mainly a court of appellate jurisdiction and is the final appeal court in the country. It also has original jurisdiction in State vs. State and State vs. Federal Government cases. The Supreme Court is headed by a Chief Justice who is assisted by other Justices. The appointment of the Chief Justice and Justices requires confirmation by the Senate. Tier 2 Court: Court of Appeal The next highest court is the Court of Appeal, in Abuja. However, to bring the administration of justice closer to the people, the Court of Appeal has multiple divisions (currently sixteen) in various parts of the country. The head of the Court of Appeal has the title President of the Appeal Court. He/She is assisted by Justices. Only the appointment of the President of the Appeal Court requires Senate confirmation. The Court of Appeal is mainly a court of appellate jurisdiction, however it has original jurisdiction for presidential and vice-presidential election petitions. The Federal Court of Appeal is where the multiple legal systems (English, Customary and Sharia) of Nigeria converge. It is constitutionally required to have at least three Judges who are versed in customary law and at least three Judges who are versed in Islamic personal law. Judgements from the tier 2 court can be appealed to the Supreme Court (the tier 1 court). Tier 3 Courts Just below the Federal Court of Appeal are the tier 3 courts. They include: 1. The Federal High Court and 2. TheHigh Court of a state/FCT, 3. The Customary Court of Appeal of a state/FCT and 4. The Sharia Court of Appeal of a state/FCT. 5. National Industrial Court of Nigeria The Federal High Court is based in Abuja. In order to bring the administration of justice closer to the people it has a division in each of the thirty-six states of the country. The Federal High Court is generally a court of original jurisdiction. However, it has appellate jurisdiction from tribunals such as the Tax Appeal Tribunal. It is presided over by a Chief Judge who is assisted by other Judges. The High Court of a state/FCT is the highest English law court in a state or the FCT. The High Court of a state/FCT and the Federal High Court have similar powers. Due to the fact that there is a division of the Federal High Court in each state and that each state has its own High Court, there is usually some confusion as to which court is which. For example, in Lagos state, there is a Federal High Court, Lagos and a High Court of Lagos State (sometimes referred to as The Lagos State High Court). It is presided over by a Chief Judge who is assisted by other Judges. The Customary Court of Appeal of a state/FCT is the highest Customary law court in a state/FCT. It is presided over by a Judge who has the title: President of the Customary Court of Appeal of the state/FCT and is assisted by other Judges. The Sharia Court of Appeal of a state/FCT is the highest Sharia law court in a state/FCT. It is presided over by a Grand Khadi who is assisted by other Khadis. Judgements from the tier 3 courts can be appealed to the tier 2 court (Federal Court of Appeal) Tier 4 Courts: State Courts The lowest courts in the country are all state courts (there is no federal court in this group). They include 1. the Magistrate Courts that handle English law cases 2. the Customary Courts that handle Customary law cases and 3. the Sharia Courts that handle Sharia law cases. Judgements from the tier 4 courts can be appealed only to their respective higher tier 3 courts (e.g. judgements from the English law Magistrates Court can only be appealed to the tier 3 English law court (the High Court of a state/FCT). Other Courts Election Tribunals There are two types of election tribunals viz.: 1. National Assembly Election Tribunals that deal with petitions from the Senate and House of Representatives elections and 2. Governorship and Legislative Election Tribunals that deal with petitions from the Gubernatorial and State House of Assembly elections. Election tribunals are set up by the President of the Federal Court of Appeal in consultation with the Chief Judges of the High Courts of the states, Presidents of the Customary Courts of Appeal of the states and/or Grand Khadis of the Sharia Courts of Appeal of the states. Code of Conduct Tribunal The Code Of Conduct Tribunal is established by the Chapter C15 Code of Conduct Bureau and Tribunal Act, No. 1 of 1989 Laws of the Federation of Nigeria, 2004 with commencement date of 1 January 1991, which "provide for the establishment of the Code of Conduct Bureau and Tribunal to deal with complaints of Corruption by public servants for the breaches of its provisions. The Code Of Conduct Tribunal (CCT) shall consist of a chairman and two other members, whose chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law. The chairman and other members of the Tribunal shall be appointed by the President on the recommendation of the National Judicial Council. The tenure of office of the CCT chairman and members shall expired when he attains the age of seventy years. A person holding the office of chairman or member of the Code Of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly of Nigeria praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of the Act. A person holding the office of chairman or member of the Tribunal shall not be removed from office before retiring age, save in accordance with the provisions of the section of the Act. Judgements from the Code Of Conduct Tribunal can be appealed to the tier 2 court (Federal Court of Appeal). National Industrial Court, is a federal Court and was established in 2002, and it has jurisdiction to preside over labour dispute and is headed by a chief Judge and a Judge each for the division, it is a new innovation into the 1999 constitution as it was the first time made a superior court of record. JUDICIAL PERSONNEL Role of a court registrar The Registrar must at all times cooperate with the Judge or Magistrate to ensure smooth administration of justice in their courts. Their work, though not adjudicatory, is complementary to the judicial and administrative functions of a judge or magistrate and without the support staff, justice delivery would more or less be an impossible mission to achieve. In a publication by Mr. SegunAjaja in his book titled “Court Registrars and the Administration of Justice in Nigeria” he posited that the Registrar and indeed the support staff of the judiciary is an Institution which had its roots in Common Law. He stated that because of the important role being played by the support staff of the judiciary, one of the criteria to be used in their appointment includes the appointment of a fit and proper person. There are two types of Registrar in the nation’s judiciary. The firstbeing 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 are those that are not lawyers, they are well educated and certified in other professional callings other than law. These categories of officers when recruited in to 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. What is being put across here is that the two categories of registrars are there to complement and synergize with our judicial officers saddled with the responsibility of adjudication and administration inthe course of performing their judicial duties on the bench, as we allknow that the success of one is invariably tied to the success of the other. For Registrars to effectively play their role they must be well educated and specially trained in judicial processes in addition to having requisite case and court management skills. It is quite evident that the duties of the registrar commence from the moment the litigant approach the court till the very last moment when judgment delivered in court is given effect to. In my opinion, the registrar is the closest officer to a judge. He is the most central officer in any court registry; therefore, if a registrar can successfully perform the following duties to the letter, then he is an asset to the judiciary, as he would have succeed in aiding quick dispensation of justice, and this includes but not limited to the following: (a.) As the head of the registry, he ensures proper day to dayadministration of the court registry (b.) He co-ordinates the handling of all court processes e.g. issuanceof hearing notices, warrant of arrest, summons etc (c.) He undertake supervision of work of all staff deployed onlitigation duties (d.) He makes arrangement for court sitting and give necessaryassistance to the judge in the open court (e.) He helps in the administration of Oath and Affirmation onwitnesses appearing in court (f.) He maintains record books in accordance with the rules of courtand preparation of the court proceedings e.g. rulings andjudgments for interested litigants and lawyers in addition towhen such matter is going on appeal (g.) He must ensure proper maintenance and disposal of attachedproperty and exhibits in his custody (h.) He must ensure the preparation of quarterly returns of casesfiled and disposed (i.) He must see to the execution of court Judgments and Orders (j.) He prepares for endorsement by the judge certified true copies of the court proceeding(s) for any party to the suit who mayrequest for such. Secretaries: Judicial officers rely on their secretaries to maintain and retrieve legaldocuments required for specific cases. This career requires strongorganizational and communication skills in addition to an ability to withhold confidential information. Many secretaries use this job as a starting point for more advanced legal positions, such as court administrator. However, due to the relatively low requirements, in terms of qualification for court secretaries, a good number of them usually undergo on-the-job training after obtaining employment. (a.) He is responsible for the daily typing of the cause list andproceedings of the court (b.) He is also saddled with the responsibility of typing all mails andcorrespondences, which includes the receipt of all mails andcorrespondences and files them appropriately in clearly markedsubject files (c.) He screens and receives all telephone calls to his court (d.) He screens, receives and attend to all visitors/guests who arethere to see the judicial officer (e.) He must also keep records of all appointment(s) of the judicial officer, be it official or otherwise, to enable him give timelyreminder of such appointments to his boss. In addition to the above, court secretaries by and large manage the day-to-day inflow and outflow of legal files through the court system, and his duty may also include specific duties such as processing court orders, like probation or sentencing orders. They can also be called upon to record depositions, contact witnesses and attorneys in order to disseminate or collect information(s) for court use. Court secretaries also conduct a range of administrative duties, like answering phones and stocking office supplies. It is also very important to note that a competent, hardworking and an organized court secretary always enjoy the trust, confidence, and commendation of judges, litigants and counsels. Court Clerks: The Court clerk is an important officer of the court. He is the first person lawyers and litigants come in contact with in their attempt to institute an action in court. He works under the direct supervision of the judicial officer. His duties include but are not limited to thefollowing: (a.) He makes all necessary arrangements for court sittings and sitsin court with a magistrate or a judge (b.) Court clerks manage dockets and records to provideadministrative support for judicial proceedings, this detailorientedjob usually takes place in an office setting (c.) He handles such tasks as contacting litigants and providesanswer(s) to inquiries about court proceedings i.e. he providesclerical support for judges and gives details of courtproceedings, such as arranging trial dates, scheduling courtappearances, sending court orders and managing court feepayments (d.) In addition to processing court decisions, clerks also answerinquiries about judicial procedures and court logistics (e.) Court clerks also keep track of court performance statistics (f.) As part of maintaining and managing court office records, the may also serve as liaisons to collect basic information fromattorneys, witnesses, plaintiffs and defendants (g.) He helps in the preparation of court processes for judge’ssignature e.g. warrants, summons etc (h.) He interprets the court proceedings in the open court (i.) He assist in serving court processes and orders, where bailiff is not readily available (j.) Giving assistance or performing the duties of a registrar athigher level of responsibility, where there is need for it and suchother duties as may be assigned to him from time to time. (k.) The court clerk is the officer responsible for among other things;opening of case files, custody of record books, exhibits andother court documents (l.) He compiles monthly return of cases (m.) He fills up court processes such as summons, hearing notices etc (n.) A court clerk helps in interpreting the proceedings of the court (o.) He administers oath on all witnesses who desire to givetestimony or evidence in court (p.) He prepares the court’s cause list at least one week in advance (q.) He announces the entrance of the Magistrate or Judge inreadiness for the business of the day (r.) On the instruction of the judge or magistrate or other presidingofficer of the court, he shall call or mention each of the listedcases for that day. Bailiffs: In having a deep appreciation of the role of bailiffs in the administration of justice, there is the need for us to look into the roles of some officers of the court who are part of the processes operating within the realms of the service section of any of the Nigerian courts, be it State or Federal. The Sheriffs and Civil Process Act, Chapter 407, Laws of the Federation of Nigeria, under Sections 3makes provision for appointment for each state of the Federation and the FCT, Abuja, a fit and proper person to be the Sheriff for the State or for the FCT, Abuja; while Section 4 makes further provision regarding appointment for each state of the Federation and the FCT, Abuja of a fit and proper person to be the Deputy Sheriff, who shall be subject to the general control and direction of the Sheriff. Section 5 of the Act stated further that the Sheriffs may appoint such number of persons as bailiffs as may be necessary The question here should be who is a Sheriff? The Sheriff is the Chief Registrar of a State or that of a Federal Court, as the case may be and is appointed by law. The Deputy Sheriff or Assistant Sheriff is the Court Bailiff who actually carries out the duties of the Sheriff, under the close supervision and control of the Sheriff. Therefore, the office of the bailiff is directly under the supervision of the Deputy/Assistant Chief Registrar, with the primary mandate to serve all court processes on litigants, from the writ of summons to motion on notice, statement of claim and statement of defense, orders of injunctions, be it interim or interlocutory, which also extends to matters on appeal, where he is expected to undertake service of brief and other orders of the court[s] as the case may be, on the appellant or the respondent. Copy write @ MR FREEDOM MAN