Courts with
Civil Jurisdiction and a Contextualization of the Problem of Jurisdiction:
Jurisdiction is
fundamental in every proceeding in court for if a court of law adjudicates over
a matter in respect of which it has no jurisdiction, its effort is in vain as
the proceedings are a nullity.
Jurisdiction is the
authority which a court has to adjudicate over matters that are litigated
before it. It is the basis upon which a court acts. Jurisdiction is a function
of law. Accordingly, no litigant can confer jurisdiction on the court where the
constitution or a statute or any provision of the common law says that a court
does not have jurisdiction: Ndayako v.
Dankoro (2004) 13 NWLR (Pt. 889) 187. In other words, it is a question of
law whether a court has jurisdiction in a matter. This could be substantive or procedural law.
Procedural jurisdiction involves issues like pre-action notice and other
conditions precedent to the exercise of jurisdiction. It also involves
composition and constitution of a court. A litigant may waive procedural
jurisdiction. On the other hand, substantive
jurisdiction is a matter of law. It covers the issue of subject (person)
and subject matter before the court. This cannot be waived.
Further jurisdiction is
fundamental and must be determined ab
initio before the action is commenced. Jurisdiction may be by reference to
the subject matter that the court may
adjudicate upon or the financial
limit in such subject matter.
Jurisdiction may be by
reference to constitution or composition of the court. Jurisdiction may
also be determined by reference to the geographical
area of operation of the court. Whatever is the case, it is the claim (statement of claim) of the
plaintiff that determines jurisdiction. Thus, it is the claim before the court
that has to be examined to ascertain whether a particular case is one within
the jurisdiction conferred on the court.
A court may exercise civil or criminal jurisdiction. Civil jurisdiction is the power of the
court to adjudicate over civil matters. Civil matters are disputes between
individuals or between individuals and government or between governments, the
result of which may be the award of damages, compensation, declaration of
rights or prerogative or equitable remedies. Civil jurisdiction is determined
by examining the territory state, amount, claim, subject-matter, parties,
geographical area, among others. Let us now examine the civil jurisdiction of
some civil courts in Nigeria.
(a)
Supreme Court of Nigeria:
This is the apex Court in Nigeria and it consists
of the Chief Justice of Nigeria and such number of justices of the Supreme
Court not exceeding twenty one as
may be prescribed by an Act of the National Assembly: section 232(2) of the 1999 Constitution of the Federal Republic of Nigeria.
The Supreme Court has both original and appellate civil jurisdiction under the
constitution.
(i)
Original Jurisdiction of
the Supreme Court:
The original jurisdiction of the Supreme Court is exclusive and covers any dispute
between the Federation and a State or between states involving any question on
which the existence or extent of a legal right depends (whether of law of
fact): section 232 of the 1999 Constitution of the Federal Republic of
Nigeria.
Subsection (2) of that section also
empowers the National Assembly to confer additional original jurisdiction on
the Supreme Court by an Act of the National Assembly. This has been done
through the Supreme Court (Additional
Original Jurisdiction) Act 2002 Cap. S16 Laws of the Federation of Nigeria,
2004 which confers on the Supreme Court additional exclusive original jurisdiction with respect to disputes between
the National Assembly and the President or between the National Assembly and a State Government or between the National Assembly and a State House of Assembly: See section 1
of the Act. However, the law requires a resolution of simple majority of each House
of the National Assembly or the State House of Assembly before any action is
instituted on their behalf pursuant to the Act: see the schedule to the Act.
The law is trite that for the Supreme Court to
entertain matters involving states in its original jurisdiction, such disputes
must be brought by the states in their public or corporate capacity. This means
that the benefit of the dispute must go to the state as a corporate entity and
not to individual citizens of the state: AG
Federation v. AG Imo State (1982) 12 SC 274. Similarly, the issue to be
resolved must be a live issue, a real dispute and not just a hypothetical or
academic question: AG Federation v. AG
Abia State (2002) 6 NWLR (Pt. 764) 542.
In summary, a summary of conditions for the
exercise of original jurisdiction by the Supreme Court in a civil matter are:
(A)
a
dispute must exist between the component units that can sue in the Supreme
Court under the constitution and statute;
(B)
the
dispute must involve a question of law or fact or both; and
(C)
the
dispute must pertain to the existence or extent of a legal right.
In suits between the Federal Government and a
State Government, the nominal parties shall be the Attorney General of the Federation and the Attorney General of the State. In suits between the National
Assembly and a State House of Assembly the parties shall be the National Assembly and the Speaker of
the House of Assembly.
(ii)
Appellate Jurisdiction of
the Supreme Court:
The Supreme Court has exclusive jurisdiction to hear and determine appeals from the Court
of Appeal. Such appeals may be as of
right or with leave of either
Court of Appeal or Supreme Court. According to section 233 of the 1999 Constitution of the Federal Republic of Nigeria
–
(1)
The
Supreme Court shall have jurisdiction to the exclusion of any other court of
the law in Nigeria to hear and determine appeals from the Court of Appeal.
(2)
An appeal shall lie from
decisions of the Court of Appeal to the Supreme Court as of right on the following cases –
a. Where the ground of Appeal
involves questions of law alone, decision in any civil or criminal proceedings
before the court of appeal,
b. Decision in any civil or
criminal proceedings on questions as to the interpretation or application of
this constitution,
c. Decisions in any civil or
criminal proceedings on questions as to whether any of the provisions of
Chapter IV of the constitution has been, is being or is likely to be,
contravened in relation to any person;
d. Decisions in any criminal
proceedings in which any person has been sentenced to death by the Court of
Appeal or in which the Court of Appeal has affirmed a sentence of death imposed
by any other court;
e. Decisions on any question;
i.
Whether
any person has been validly elected to the office of President or
Vice-president under the constitution.
ii.
Whether
the term of office of the President or Vice President has ceased.
iii.
Whether
the office of President or Vice President has become vacant.
And additional entry has
been added to the foregoing provisions by section
6 of the Constitution of the Federal
Republic of Nigeria (Second Alteration) Act 2010 – viz;
iv.
Whether
any person has been validly elected to the office of Governor or Deputy Governor
under the constitution.
v.
Whether
the term of office of a Governor or Deputy Governor had ceased;
vi.
Whether
the office of the Governor or Deputy Governor has become vacant; and
f. Such other cases as may be
prescribed by an Act of the National Assembly.
(3)
Subject
to the provisions of subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the
Supreme Court with the leave of the Court of Appeal or the Supreme Court.
Subsection (5) thereof provides, inter
alia, that any right of appeal to
the Supreme Court from the decisions of the Court of Appeal conferred by this
section shall be exercisable in the
case of civil proceedings at the instance
of a party thereto or with leave of
the Court of Appeal or the Supreme Court at the instance of any other person
having an interest in the matter.
In Olabanji
v. Odofin (1996) 2 SCNJ 242, it was held that appeal is the only way that
the Supreme Court can exercise its supervisory jurisdiction over the Court of
Appeal and that it is inappropriate to do so by motion but by Notice of Appeal to
the Supreme Court from the Court of Appeal.
Statute may confer additional appellate
jurisdiction on the Supreme Court such as that conferred by the legal Practitioners Act, Cap L 11 Laws
of the Federation of Nigeria 2004 where appeals from the Legal Practitioners Disciplinary Committee go directly to the
Supreme Court: see Charles Obike v. Legal Practitioners Disciplinary Committee (LPDC)
(2005) All FWLR (Pt. 266) 1176.
In exercising its jurisdiction, the Supreme Court
shall be constituted by not less than
five Justices for Ordinary Appeals.
However, while sitting in its Original
Jurisdiction or hearing a matter
involving interpretation or application of the constitution or involving
application of chapter IV, the Supreme Court is duly constituted by Seven Justices (this is otherwise known
as the full court) of the Court: Section 234 of the CFRN, 1999 (as amended).
(b)
Court of Appeal:
This is next to the Supreme Court in the
hierarchy. It is established by section
237 of the Constitution of the Federal Republic of Nigeria, 1999 and
consists of a President of the Court of Appeal and such number of justices of the
Court of Appeal, not less than
forty-nine of which not less than
three shall be learned in Islamic
Personal Law, and not less than three shall be learned in
Customary Law, as may be prescribed
by an Act of the National Assembly: section
237 (2) (a) and (b) thereof, respectively. The court has both original and appellate jurisdiction.
(i)
Original Jurisdiction of
the Court of Appeal:
The Court of Appeal’s original jurisdiction is exclusive and it covers matters
involving:
a)
The
validity of election to the office of President or Vice President;
b)
Whether
the term of office of the President or Vice President has ceased or
c)
Whether
the office of the President or Vice President has become vacant: Section 239(1)
of the Constitution of the Federal Republic of Nigeria.
The above original
jurisdiction of the Court of Appeal is one of the innovations made by the Constitution
of Federal Republic of Nigeria, 1999
(ii)
Appellate Jurisdiction of
the Court of Appeal:
The appellate jurisdiction of the Court of Appeal
is also exclusive and extends to the
hearing and determination of appeals from the Federal High Court, National
Industrial Court (See section 4 of the Constitution
of Federal Republic of Nigeria (3rd Alteration) Act 2010), High
Court of the Federal Capital Territory, Abuja, High Court of a State, Sharia
Court of Appeal of the Federal Capital Territory, Abuja, Customary Court of
Appeal of a State, Customary Court of Appeal of the Federal Capital Territory,
Abuja, Customary Court of Appeal of a State and from decisions of a Court
Marshal, the Code of Conduct Tribunal or other tribunals as may be prescribed
by an Act of the National Assembly. Appeals from these courts may lie as of right or with leave.
By section
241(1) thereof an appeal shall lie from decisions of the Federal High Court
or a High Court to the Court of Appeal as of right in the following cases:
a)
Final
decisions in any civil or criminal proceedings before the Federal High Court or
a High Court sitting at first instance;
b)
Where
the ground of appeal involves questions of law alone, decision in any civil or
criminal proceedings (applicable for
interlocutory decisions)
c)
Decisions
in any civil or criminal proceedings on questions as to whether any of the
provisions of Chapter IV of this constitution has been, is being or is likely
to be contravened in relation to the any person;
d)
Decisions
in any civil or criminal proceedings on questions as to the interpretation or
application of this constitution;
e)
Decision
in any criminal proceedings in which the Federal High Court or a High Court has
imposed a sentence of death;
f)
Decisions
made or given by the Federal High Court or a High Court –
i)
Where
the liberty of a person or the custody of an infant is concerned;
ii)
Where
an injunction or the appointment of a receiver is granted or refused;
iii)
In
the case of a decision determine the case of a creditor or the liability of a
contributory or other officer under any enactment relating to companies in respect
of misfeasance or otherwise;
iv)
In
the case of decree nisi, in a matrimonial cause or a decision in an admiralty
action determining liability, and
v)
In
such other cases as may be prescribed by any law in force in Nigeria.
Further discussion on this
is deferred to the topic “Appeals”; though it is instructive to note that appeals are at the instance of parties to
the case or with leave at the instance any other person having an interest in
the matter.
Also, the Court of Appeal
shall be duly constituted by not less
than three justices for the purpose of exercising jurisdiction but where
the appeal is from a Sharia Court of Appeal or Customary Court of Appeal, it
shall be duly constituted by not less than three Justices learned in Islamic
Personal Law or Customary Law as the case may be and 5 Justices in the case if its original jurisdiction.
(c)
Federal High Court:
The Federal
Revenue Court Act, No. 13 of 1973 first established it. It was renamed, by section 230(2) of the 1979 constitution, as the Federal High Court. It is now
established by section 249(1) of the Constitution
of the Federal Republic of Nigeria 1999 and consists of a Chief Judge and
such number of judges of the Federal High Court as may be prescribed by an Act
of the National Assembly.
The Civil
Jurisdiction of the Federal High Court is provided for in the Constitution and
other statutes and laws. Under the Constitution of the Federal Republic of
Nigeria, the civil jurisdiction of the Federal High Court is conferred on it by
section 251(1) of the Constitution of
the Federal Republic of Nigeria 1999 and this jurisdiction is to a large
extent exclusive.
Apart from section
251(1), section 46 of the 1999 Constitution
of the Federal Republic of Nigeria, also confers jurisdiction on the
Federal High Court in respect of enforcement of fundamental human Rights,
though the jurisdiction so conferred is not exclusive.
There are three areas of importance in respect of
the constitutional guarantee of civil jurisdiction for the Federal High Court.
(i)
Enforcement of Fundamental
Human Rights
On the authority of Order 1 Rule 2 of the
Fundamental Rights (Enforcement Procedure) Rules, 2009 and the Supreme
Court case of Grace Jack v. University
of Agriculture, Makurdi (2004) 5 NWRL (Pt. 865) 208, both the Federal High
Court and State High Court have concurrent
jurisdiction (not exclusive jurisdiction) to entertain all cases of
fundamental human rights enforcement irrespective of subject matter of
enforcement. Thus, a litigant is at liberty to choose which of the courts to go
to.
(ii)
Suits Relating to
Bank/Customer Relationship:
The purport of the above aspect becomes more clear
when one examines the proviso to section
251(1) (d) which states that: “provided that this paragraph shall not apply
to any dispute between an individual customer and his bank in respect of
transaction between the individual customer and the Bank.
In the case of FMB of Nigeria Limited v. NDIC (1999) 2 NWLR (Pt. 591), 333, the
Supreme Court agreeing with the Court of Appeal in NDIC v. FMB Ltd (1997) and NWLR (Pt. 490) 735, held that the above
proviso exempts banker/customer transactions from the exclusive jurisdiction of
the Federal High Court and by implication enables concurrent jurisdiction of
the Federal High Court and State High Court on the matter.
This position was more clearly stated by the
Supreme Court in the more recent decision of that court in Nigeria Deposit Insurance Corporation v. Okem Enterprises Limited (2004)
10 NWLR (Pt. 880) 107, when it held that the proviso to section 251(1) (d) of the 1999 CFRN does not exclude the jurisdiction of the Federal High Court in
banker/customer transactions; but only
takes away the exclusive jurisdiction of the court in such matters and
therefore by virtue of section 272(1), the State High Court can also entertain
such matters.
All in all, the Federal high Court has exclusive
jurisdiction in respect of all other cases of Banking, and financial
institutions.
(iii)
Actions Involving the
Federal Government or any of its Agencies:
Here what seems to emerge from a line of recent
cases is that where an agency of the Federal Government is sued before the Federal
High Court, the subject matter of the suit (as couched in the claim) must also
be prescribed under section 251 of the Constitution or any statute giving the
Federal High Court jurisdiction; on the other hand where the subject matter of
the suit (as couched in the claim) is one within the jurisdiction of the
Federal High Court, it would not matter if the defendant is not an agency of
the Federal Government.
Additionally, it is now firmly established that in a simple contract, it is the High
Court and not the Federal High Court that has jurisdiction to entertain and
determine the matter.
This is the purport of the decision of the Supreme
Court in the case of Felix Onuorah (Trading
under the name and style of Ikechi Supermarket and Trading Co.) v. Kaduna
Refining and Petrochemical Company Limited (a subsidiary of Nigerian National
Petroleum Corporation) (2005) 6 NWLR (Pt. 921) 393, where the Supreme Court
held that in simple contracts, the Federal High Court does not have
jurisdiction and that it was irrelevant whether one of the parties was the
federal government or any of its agencies.
Lastly, it is instructive to note that the
jurisdiction of the Federal High Court is determined by the subject matter and parties.
It may also be parenthetically observed that apart
from the Constitution and the Federal High Court Act, there are other
legislations that confer jurisdiction on the Federal High Court. These
legislations include the following:
a)
The
admiralty jurisdiction Decree 1991
b)
Food
and Drugs Act
c)
Recovery
of Public Property (Special Provision) Act, 1984
d)
Miscellaneous
Offences Act, 1984
e)
Counterfeit
and Fake Currency Act, 1984
f)
National
Drug Law Enforcement Agency Act, 1989
g)
National
Agency for Good and Drug Administration and Control Decree 1993
(d)
State High Court:
As the name, denotes, the State High Court, unlike
the other courts so far discussed, is a State Court. It is established for each
state of the Federation by section
270(1) of the 1999 Constitution of the Federal Republic of Nigeria and
consists of a Chief Judge of the state and such number of judges as may be
prescribed by a law of the House of Assembly of the state.
The Chief Judge and the other judges of the court
are appointed by the Governor of the state on the recommendations of the National Judicial Council. Only a legal
practitioner who has been qualified for a period of at least 10 years can be appointed a judge of
the High Court. Similar provisions are made for the High Court of the Federal
Capital Territory Abuja.
The State High Court is the court with the widest
jurisdiction under the constitution. Under the 1999 constitution, the
jurisdiction of the state High Court is provided for in section 272(1) thereof as follows: ‘subject to the provisions of
section 251 and other provisions of this constitution, the high court of a
state shall have jurisdiction to hear and determine any civil proceedings in
which the existence or extent of a legal right, power duty, liability,
privilege, interest obligation or claim is in issue’.
The implications of this provision is that the State
High Court cannot entertain matters in respect of which the Federal High Court
is conferred with exclusive jurisdiction under section 251 or in respect of
which any other court is vested with exclusive jurisdiction under the
constitution such as matters which raise the question of validity of election
to the office of President of Vice President; whether those offices have ceased
or have become vacant, which are within the exclusive original jurisdiction the
Court of Appeal under section 239(1) of
the 1999 Constitution of the Federal Republic of Nigeria.
It is instructive to note that the jurisdiction
conferred on the State High Court by section
272(1) covers original, appellate
as well as supervisory jurisdiction.
Further, like the Federal High Court for the
purpose of exercising any jurisdiction conferred upon it under the constitution
or any law, a High Court of a State shall be duly constituted if it consists of
at least one judge of that court: section 273 of the 1999 Constitution of the
Federal Republic of Nigeria.
However, under section 63 of the High Court
Law of Northern Nigeria, a high Court while sitting on appeal in the North
in respect of appeals from upper Area courts pursuant to section 64 of the law
is duly constituted by two judges of the High Court.
(e)
Transfer of Cases Between
the Federal High Court and State High Court:
By section
22(2) of the Federal High Court Act Cap. F12 LFN, 2004, no cause or matter
shall be struck out by the court merely on the ground that such cause or matter
was taken in the Federal High Court instead of the High Court of a State or of
the Federal Capital Territory, Abuja in which it ought to have been brought and
the judge of the court before whom such cause or matter is brought shall cause
same to be transferred to the appropriate High Court of a State or of the Federal
Capital Territory, Abuja in accordance with the rules of court to be made under
section 44 of the Act.
Thus, by the above section instead of an order striking out the case as would
have been the case where a court finds that it has no jurisdiction, the proper
order to make is an order of transfer.
However, in the case of a State High Court, the
appropriate order is an order striking
out the suit; this is notwithstanding the provisions of section 22(3) of the Federal High Court Act Cap. F12 LFN,
2004, which empowered the court to transfer, since each court should be
governed by its own rules.
(f)
National Industrial Court:
The National Industrial Court is a creation of the
National Industrial Court Act, 2006.
The court was elevated to the rank of a superior court of record by the Constitution of the Federal Republic of
Nigeria (Third Alteration) Act 2010. By section 6 of the latter enactment, chapter VII, part 1 of the
Principal Act was altered by inserting immediately after section 254, a new
sub-heading “CC” and sections “254A – 254F”.
Whereas, section 254 A provides that there shall
be a National Industrial Court of Nigeria, Consisting of a President of the
National Industrial Court and such number of judges of the National Industrial
Court as may be prescribed by an Act of the National Assembly; Section 254C
provides elaborately for the jurisdiction of the National industrial Court.
(g)
Sharia Court of Appeal:
The Sharia Court of Appeal is established by section 275(1) of the 1999 Constitution of
the Federal Republic of Nigeria, for any state that requires it. It is,
however, mandatory in the case of the Federal Capital Territory: section 275
(2) thereof.
The Sharia Court of Appeal does not have original
jurisdiction, but only appellate and supervisory jurisdiction in respect of the
following matters:
a)
Any
question of Islamic Personal Law regarding
a marriage concluded in accordance with that law including question of
validity, dissolution guardianship of infants and family relationship relating
thereto.
b)
Any
question of Islamic Personal Law regarding an infant, prodigal or person of
unsound mind who is a muslim or the maintenance or the guardianship of a muslim
who is physically or mentally infirm.
c)
Any
question of Islamic Personal Law regarding Wakf, gift Will or Succession where
the endower, donor or deceased person is a muslim.
d)
Where
all the parties to the proceedings, being muslims, have requested the court
that heard the case in the first instance to determine that case in accordance
with Islamic Personal Law, any other question.
The court may also be
conferred with additional jurisdiction by the law of a state in the case of
Sharia Court of Appeal of a State or an Act of the National Assembly in the
case of Sharia Court of Appeal of the Federal Capital Territory.
The court shall be duly
constituted; if it consists of at least
three Kadis of the Court.
(h)
Customary Court of Appeal:
Like the Sharia Court of Appeal, the Customary Court
of Appeal is established by section 280(1) of
the 1999 Constitution of the Federal Republic of Nigeria for any state that
requires it, but it is compulsory for the Federal Capital Territory, Abuja.
Again, like the Sharia Court of Appeal, the Customary
Court of Appeal has no original
jurisdiction but only appellate and supervisory jurisdiction in civil
proceedings involving questions of customary law as may be prescribed by the
Law of the State House of Assembly in the Case of a state or Act of the
National Assembly in the case of the Federal Capital Territory, Abuja.
(i)
Magistrates’ Courts and District Courts:
Although the establishment of Magistrate’s Courts is
enabled by the Constitution, it is not a direct creation of the constitution. Every
state of the Federation has its own laws establishing and providing for
Magistrate’s Court. It is these laws that stipulate the civil jurisdiction of
the courts. In Lagos State for example the Magistrate Courts Law No. 14 2009 of
Lagos State and the Magistrate Court Civil Procedure Rules govern the
Magistrate Court system.
Under the provisions of section 28 of the Magistrate Courts Law of Lagos State, the
Magistrate shall have and exercise jurisdiction in the following causes:
i.
All
personal actions whether arising from contract or from tort or from both where
the debt or damages claimed is not more
than N10, 000,000 (Ten Million naira);
ii.
Actions
between landlords and tenants for possession of any land claimed under an
agreement or refused to be delivered up where the annual rental value does not exceed N10, 000,000 (Ten Million naira
( Note that Rent Tribunals under the Rent Control and Recovery of Residential
Premises Edict of 1997 Lagos State appears to have taken over some of the
jurisdiction. See section 1(1) and 7(1) but the Magistrate still sit as the Chairman
of the Rent Tribunal on days marked out as tribunal days).
iii.
Action
for the recovery of any penalty, rates expenses, contribution or like demand if
the amount does not exceed N10, 000,000 (Ten Million naira).
iv.
Appointment
of Guardian Ad Litem
v.
Power
to grant injunctions or order to stay, waste or alienation or for the detention
and preservation of any property or to restrain breaches of contract or tort in
actions instituted in the courts.
The foregoing
notwithstanding, by the provisions of the Magistrate Court Law under review,
the Magistrate Court cannot exercise jurisdiction on the following matters:
(1)
Issue
of title to land or to any interest to land; and
(2)
Issue
as to the validity of device, bequest or limitations under any will or
settlement.
In addition to their general jurisdiction, Magistrates
are to observe and enforce the observance of every customary law, which is
applicable and is not repugnant to natural justice equity and good conscience
or incompatible with any law for the time being in force: section 24, Magistrate
Court Law, Lagos.
In addition to the two situations highlight above,
a magistrate court has no jurisdiction to entertain the following matters:
(4)
Matters
relating to recovery of residential premises, except the rent is within N10,
000,000 (Ten Million naira);
(5)
Marriage
(matrimonial causes);
(6)
Family
status or guardianship of children
(7)
Inheritance
and disposition of property on death.
On the other hand, in the
North, when Magistrate courts exercise civil jurisdiction, they are it called
Distinct Courts. In the Federal Capital Territory, Abuja, the District Court
Laws are similar to the Magistrate Court Laws. Section 13 of the District Court Act provides for civil
jurisdiction of District Courts.
Under that provision the
senior district judge shall have and exercise jurisdiction in civil matters in the
following cases:
a)
All
personal suits arising from contracts, tort or both;
b)
All
suits between landlord and tenant for possession of a land or house claimed
under agreement or referred to be actually delivered up.
c)
Action
for recovery of penalty, rate, expenses, contribution or other likely demand
which is recoverable by virtue of written law for the time being in force.
For the financial
limitations of the District Courts, see section 13 and 14 of the District Court
Act of the FCT, Abuja
Chief District Judge 1 - 250,000
Chief District Judge II - 200,000
Senior District Judge I - 150,000
Senior District Judge II - 100,000
District Judge 1 - 75,000
District Judge II - 50,000
Like the Magistrate’s
Court the jurisdiction of District Courts is excluded in respect of the
following:
(1)
Issue
as to title to land or to any interest in land.
(2)
Issue
as to the validity of any devices, bequest or devolution under any will or
settlement;
(3)
Matters
that are subject to marriage, family status, guardianship of children,
inheritance or disposition of property as death.
(j)
Customary and Area Courts:
Area courts exist in the Northern states of
Nigeria including the Federal Capital Territory, Abuja. Area Courts may be
established by Warrant by the Chief
Judge of the State. Area Courts are regulated by laws of the various states
that have them and the laws are more or less similar.
Every Area Court shall have jurisdiction and
powers to the extent set forth in the warrant establishing it. It includes the
following:
a)
All
questions of Islamic personal law
b)
Matrimonial
causes and matters between persons married under customary law.
c)
Suit
relating to custody of children under customary law.
d)
Civil
actions involving debt demand and damages;
e)
Matters
relating to succession to property and the administration of estate under
customary law.
f)
Matters
concerning ownership, possession or occupation of land.
It is instructive to note
that only persons who are subject to the jurisdiction of an Area Court can
institute action in that court. Such persons are:
a)
Any
person whose parents were members of any tribe or tribes indigenous to some
part of Africa and the descendants of any such person.
b)
Any
person of whose parents was a member of such tribe.
c)
Any
person who consents to the exercise of the jurisdiction of the court.
Furthermore, in some
states in the North, there is established Sharia courts as replacement for Area
Courts on matters of Islamic law. The jurisdiction of the Sharia court relates
to civil proceedings in Islamic law in which the existence or extent of a legal
right, power, duty, liability privilege, interest, obligation or claim is in
issue.
One the other hand,
customary courts exist in the southern states as an alternative to the Area
Courts in the North. The various states in the south have customary courts
regulated by state laws. However, some states may confer more jurisdiction on
the court than others. The jurisdiction of most customary courts, are with
exceptions, only exercisable over persons subject to the customary law which is
the primary law of the courts.
The jurisdiction of customary
court in Lagos State, for example, covers the fo
a.
Matrimonial
causes and other matters between persons married under customary law;
b.
Suits
relating to guardianship and custody of children under customary law.
c.
Matters
relating to inheritance upon intestacy and the administration of intestate
estate under customary law.
In the last two cases, the jurisdiction of the
court is limited to the value of the N500.
Apart from state laws, other statutes may also confer jurisdiction
on customary courts. For example, section
41 f the Land Use Act Cap L5 Laws of the Federation of Nigeria 2004 confers
jurisdiction on the customary court in respect of land subject to customary
right of occupancy.