Historically, the
Nigerian judiciary has actually and in no doubt had four (4) different regimes,
which include; the regime before 1842, 1845-1913, 1914-1953 and 1954 till the
present time. Before the coming of the Europeans, the various indigenous
peoples of Nigeria
have different processes of dispute resolution mechanism.
Among the Ibo and Yoruba, the system
revolved around their tradition institutions. It was fashionable among the
Yoruba to refer very serious matters to the head of the family. If eventually
he could not resolve the dispute, then the matter would be taken to the head of
the compound until resolution would
be found up to the Oba.
Similarly, the
Igbo’s had the same systems that existed among themselves.
In the Northern part of the country,
there was actually a bit formalized and systematized methods founded on the
Islamic legal system, the Sharia. In the North, there was an elaborate system
of court system, the hub of which was the alkali system. Under these systems,
the emirs were the ultimate appellate judges.
After
1842, the power to administer and dispense justice in Nigeria was
solely vested in native courts. These courts in dispensing justice, fashioned
out systems of taxation, civil laws and procedure, penal law and sentencing
noted that these native courts are the forerunners of the present Customary,
Area and Sharia Courts.
With the advent of the colonialist in
the southern part of Nigeria between 1843-1913, the British through a
combination of Foreign Jurisdiction Act of 1843,1850 and 1893 established laws
under which various court were set up. In 1854, the earliest courts called the
Court of Equity were established by the British in the Southern part of Nigeria
particularly Brass (in the present day Bayelsa), Benni, Okrika and Opobo.
The principal
agents of trading firms, consular or other administrative officers constituted
this court of equity, the agents acted as the judges.
Contemporaneous
in establishment with the Courts of Equity and consular courts were courts that
were set up by the Royal Niger Company. By a Royal Charter granted in 1886, the
company had the power to superintend and administer justice in its areas of
jurisdictions, until the charter was revoked in 1899. Despite the establishment
of British courts, native courts were still allowed to function, in so far as
the native law and custom they administered were not repugnant to natural justice,
equity and good conscience.
In 1863, by Ordinance No. 11 of 1863,
the Supreme Court of Lagos was established; it had both civil and criminal
jurisdictions.
In
1900, through the Supreme Court Proclamation Order No. 6, a Supreme Court was
established for the southern Nigeria
protectorate. The court exercised same powers and jurisdictions as were vested
in Her Majesty’s High Court of Justice in England.
The common law, the doctrine of equity
and statutes of general application in England were to be administered in
the court in so far as local circumstances permitted.
Before, 1892, Sharia Law, in its
ramification, was operative in most parts of Northern
Nigeria. By the Northern Nigeria Order in Council of 1899; the
British Crown denied that by treaty, grant, usage, sufferance and other lawful
means, her Majesty had power and other jurisdiction in the Northern area. In
1901, Sir Henry Golan was appointed as the Chief Justice of Nigeria for the North.
In 1899, Northern Nigeria Order in
Council 1899 gave the Commissioner of the protectorate of Northern
Nigeria the power to ensure for the dispensation of justice in
that protectorate. By virtue of that order, the High Commissioner issued the
protectorate Courts proclamation of 1900 which established a Supreme Court, Provincial Court and
Cantonment or Magistrate Courts. The High Commissioner also issued the Native
Courts Proclamation Order of 1900, which established a system of native courts
for the territory. The native courts were presided over by an Alkali, the higher
grade known as Judicial Council was presided over by an Emir.
This arrangement endured until 1914 when
the Northern and Southern Protectorates of Nigeria were amalgamated, Provincial
courts were abolished and in its place were established high courts which
consisted of Chief Judges, Judges and Assistant Judges. Below these High Courts
were Magistrate Courts. Native courts still remained at bottom of the judicial hierarchy.
The Supreme Court exercised appellate
jurisdiction over the high courts. Between 1934 and 1954 appeals from the Supreme
Court went to the West African Court of Appeal. Appeals from the West African Court
of Appeal went to the Privy Council. However, from1954, appeals from the Supreme
Court of Nigeria went directly to the Privy Council.
In 1954, a Federal Supreme Court was
established and was presided over by a Chief Justice of the Federation; Nigeria then
consisted of regions, each region then had a High Court presided over by a Chief
Justice. Appeal from each of the High Court of the regions laid to the Federal Supreme
Court. While appeals from Magistrate Courts, Customary or Native courts grade A
went to the Regional High Courts.
In
1967, Nigeria
became a Federation of 12 states each with its own state judiciary. In the same
year, the western state through the Court of Appeal Edict, No. 15 of 1969
established a Regional Court of Appeal.
In the western state, the Supreme Court ceased
to have direct jurisdiction to hear and determine appeals in any matter from
the High Court of the state (including appeals in any proceeding pending in any
court in the state) except in any case in which notice of appeal to the Supreme
Court had bee filed.
In order to meet the need for cases
involving the revenue of the federal government to be expeditiously determined,
the Federal Revenue Court
was established by the Federal Revenue
Court, Decree No. 13 of 1975. In 1970, 19 states
were created followed by 19 High Courts. The Federal Court of Appeal was
created in 1976 through the Constitution (Amendment No. 2) Decree No. 42 of
1976. Its
function, among others, was to hear and determine appeals from the state High Courts.
The law setting up the Western Court of Appeal was replaced.
At present, under the 1999 constitution
of the federal republic of Nigeria, the court recognized as constituting the
judiciary are as follows; the Supreme Court, the Court of Appeal, the Federal High
Court, the High Court of the Federal Capital Territory, Abuja. The Sharia Court
of Appeal, Abuja, the States High Courts, the Sharia Court of Appeal of the States
and the Customary Court of Appeal of the States.
Meanwhile
following the constitutional provisions of S.6 (5) (j & k) of the
constitution,1 the National Industrial Court has been included in the
list of the superior courts of records, following the contention of the Court of
Appeal in the cases of KALANGO V. DOKUBO2 and ATTORNEY
GENERAL, OYO STATE V. NIGERIAN LABOUR CONGRESS3,
that the National Industrial Court is not a superior court of record because
the complete list of superior courts of record is provided for in section 6 (5)
of the 1999 constitution of the federal republic of Nigeria (as Amended).
Moreover, these courts are vested with
the functions or duties of dispensing justice, in accordance with the power
vested in them. It is note worthy that the establishment of a Sharia Court of
Appeal or Customary Court of Appeal by a state is completely optional.