The 8 Hierarchy of Courts in Nigeria Explained: Functions & Jurisdiction

There are 8 hierarchy courts in Nigeria with different functions. These courts are stratified i.e. they exist in layers of superiority. You can not appeal a case dealt with at the supreme court at the appeal court because the supreme court is superior to the appeal court but you can appeal the judgement made at the appeal court at the supreme court because the appeal court is below the supreme court which is the highest court in Nigeria.

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The Nigerian judiciary is the last hope of Nigerians to seek justice. The 8 types of courts in Nigeria are dully explained in this write-up and they form the judicial arm of government. The executive and legislative arm do not interfere in the activities of the Judiciary, due to the separation of powers as entrenched in Nigeria constitution.

Below are the 8 hierarchy of courts in Nigeria explained with their various jurisdictions and functions:

1. Supreme Court of Nigeria

The apex or number one court in Nigeria. The Supreme Court of Nigeria jurisdiction is the highest and most important in the country. This means one can not appeal a decision made by the supreme court in any other Nigerian court. The rulings and decisions of the supreme court of Nigeria is final and binding. Established on October 1 1963, the apex court is embedded with the jurisdiction to hear appeals from the court of appeal. This is shown in its appellate jurisdictions over both federal and highest state courts.

The supreme court is currently located in Abuja, the capital of Nigeria and is made of the Chief Justice of Nigeria and such number of justices not more than 21. The National Judicial Council (NJC) recommends Justices of the Supreme court to the President who then appoints the Justice after confirmation from the Nigerian Senate. Every Justice of the supreme court is mandated to resign at the age of 70. The Chief Justice of Nigeria is Chief Justice Ibrahim Tanko Muhammad.

Functions of the Supreme Court in Nigeria

Below are the roles of Nigeria’s supreme court:

• It serves as the final court of appeal or court of last resort for all civil and criminal cases in Nigeria.
• Settles disputes between state versus state, state versus the federal government.
• Functions primarily as an appellate court.
• Serves as an interpreter of the law and constitution.
• Advisory role to the executive.
• Guardian of the constitution of the land.

2. Court of Appeal

After the supreme court, the next according to the hierarchy of courts in Nigeria is the Court of Appeal. The court of appeal which has the original jurisdiction to determine and hear any question as to whether any person has been validly voted into the office of the President, Vice President, Governor or Deputy Governor.

Although the court of appeal doesn’t try issues, its jurisdiction isn’t limited to election matters alone. The court of Appeal is led by the President of the Court of Appeal and comprises of 66 judges at all times as approved by the Senate. There are currently seventy-two Nigerian courts of appeals across the six geopolitical zones of Nigeria.

Functions of Court of Appeal in Nigeria

The roles of the appeal court include:

• Serves as the intermediate appellate courts of the Nigerian federal court system.
• The court of appeals decides appeals from the district courts within the federal judicial system, and in some instances from other designated federal courts and administrative agencies
• Has the power to establish whether the correct results of governorship or presidential elections and their tenure in office.

3. The Federal High Court

The Federal High Court is the third in rank according to the hierarchy of courts in Nigeria just after the Court of Appeal. It is headed by the Chief Judge and contains the number of Judges allowed may be preassigned by an Act of the National Assembly. The Court has exclusive jurisdiction in civil cases and matters relating to the revenue of the Government of the Federation such as taxation, customs, and excise duties, banking, copyright, admiralty, citizenship, etc. It can be found in more than 15 states in the country.

Functions of the Federal High Court in Nigeria

Below are some of the jurisdiction of the Federal High Court.

• Any Federal enactment relating to copyright, patent, designs, trademarks and passing-off, industries designs and merchandise marks, business names, commercial and industrial monopolies, combines and trusts, standards of goods and commodities and industrial standards
• Diplomatic, consular and trade representation;
• The administration or the management and control of the Federal Government or any of its agencies.

4. State High Court

Every state has its own High Court headed by a Chief Judge and supported by such number of Judges as may be prescribed by a Law of the State. The High court has unlimited jurisdiction to hear and determine any civil and criminal proceedings under any law of the state. Section 255 of the 1999 Constitution provides for the provision of a High Court in each of the states in Nigeria and the FCT. Each of these courts is headed by a chief judge. While the number of judges is determined by the State House of Assembly and the National Assembly as for High Court of the FCT. It has the largest jurisdiction under the 1999 Constitution in civil and criminal cases and has the appellant jurisdiction over decisions of Customary Courts, Area Courts, Magistrate Courts, etc.

Functions of State High Court

• Authority to hear matters on both criminal and civil cases in the state as entrenched under the 1999 constitution.
• Hear appeals from customary courts and magistrate courts.

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5. National Industrial Court

This court is headed by the President of the National Industrial Court divided into various judicial separations for administrative convenience which sits in some states in Nigeria. The address of the headquarters of the National Industrial Court is located at 11, New Bussa Close, Area 3, Garki, Abuja. The court has exclusive jurisdiction in civil cases and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from the workplace, the conditions of service, including health, safety, the welfare of labour, employee, worker and matter incidental thereto or connected therewith. Established in 1976, it has all the powers of the High Court of a state and the appellate jurisdiction. Below are some functions of the National Industrial Court of Nigeria.

Functions of the National Industrial Court

• Settling disputes as regards trade and labour.
• Hears appeals from the Industrial Arbitration Panel and all other employment matters in the country between employer and employee.

6. The Sharia Court of Appeal

The Sharia Court of Appeal is another type of court in Nigeria that is found in the Northern region of the country. It is prevalent in states where Sharia is practiced and these states include: Zamfara, Kano, Sokoto, Katsina, Bauchi, Borno, Jigawa, Kebbi, and Yobe states respectively. The sharia court of appeal appellate jurisdiction in civil cases involving issues of the Islamic personal law. It is headed by a Grand Kadi and contain a number of Kadis. One is located in Abuja and this kind of court can be found in states that claim them.

Functions of Sharia Court of Appeal

• Sharia courts reviews cases relating to Sharia and Islamic law.
• They are bound by the constitution to interpret the customary laws of other regions of Nigeria.
• They handle litigation cases especially for the poor.

7. The Customary Court of Appeal

There’s a customary court in the FCT and then in states that claim them. These types of courts are headed by the President of the Customary Court of Appeal and contain Judges. They exercise the supervisory and appellate jurisdiction in civil cases involving issues of the customary law.

8. The Magistrate Courts and District Courts

These courts are established by the law of the House of Assembly of a State. The magistrate courts function as a court of summary judgment as grounds are defined in this court without briefs or pleadings filed by the parties. In the southern part of Nigeria, they are known as Magistrate courts while they are known as District Courts in the Northern part of Nigeria.