UNIT 5 - COURTS OF RECORD

TOPIC OF THE DAY

- COURTS OF RECORD

- CUSTOMARY COURTS

- AREA COURTS

- SHARIA COURT OF APPEAL

- CUSTOMARY COURT OF APPEAL

- MAGISTRAGE COURTS

- DISTRICT COURTS

Courts of Record

Courts of record are those courts whose acts and judicial proceedings are enrolled for perpetual memory and testimony, and which have the power to fine or imprison for contempt. They maintain a permanent record of proceedings, which is a conclusive evidence of that which is recorded. See the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under sections 230-284 which deals with the establishment, composition, and jurisdiction of these courts. See also the case of Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (Pt. 109) 250 where the court illustrates the authority and finality of the Supreme Court's decisions as a court of record and the case of Adigun v. A-G, Oyo State (1987) 1 NWLR (Pt. 53) 678 where the court explains the jurisdiction and function of the Court of Appeal as a court of record.

Customary Courts

Customary courts are established to administer customary law, which is indigenous to the ethnic communities of Nigeria. These courts deal with matters of customary law including marriage, inheritance, land tenure, and more. Customary courts have jurisdiction over civil matters involving customary law and minor criminal cases as prescribed by state laws. Each state has its own laws governing the establishment and jurisdiction of customary courts. For example, the Lagos State Customary Court Law, Cap. C19, Laws of Lagos State. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182 where the court highlights the application of customary law in the adjudication of disputes related to land and inheritance.

Area Courts

Area courts are similar to customary courts but are prevalent in the northern part of Nigeria. They administer both customary and Islamic law and handle minor criminal and civil cases. Area courts have jurisdiction over civil and criminal matters as prescribed by the area courts laws of the respective states in the North. This includes laws like the Area Courts Law of Kano State, Cap. 8. See the case of Yusuf v. Obasanjo (2003) 16 NWLR (Pt. 847) 554 where the court addresses the jurisdiction of area courts in the Northern states of Nigeria.

Sharia Court of Appeal

The Sharia Court of Appeal is an appellate court that handles appeals on Islamic personal law matters, including marriage, divorce, inheritance, and waqf (endowments). It has jurisdiction in matters involving Islamic personal law and can hear appeals from lower courts like Sharia and area courts. See the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under sections 275-279 that cover the establishment and jurisdiction of the Sharia Court of Appeal. Each state in the North has its own law regulating the Sharia Court of Appeal. See the case of Buhari v. Obasanjo (2005) 13 NWLR (Pt. 941) 1 where the court involved the interpretation of Islamic law and the role of the Sharia Court of Appeal.

Customary Court of Appeal

The Customary Court of Appeal is an appellate court for customary law matters. It handles appeals from customary courts and decides on issues related to customary law. It has appellate jurisdiction in civil matters involving questions of customary law. See the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under sections 280-284 which outline the establishment and jurisdiction of the Customary Court of Appeal. Each state has its own legislation for the Customary Court of Appeal. See the case of Adewuyi v. Ishola (2005) 7 NWLR (Pt. 924) 27 where the court illustrates the appellate jurisdiction of the Customary Court of Appeal.

Magistrate Courts

Magistrate courts are subordinate courts in Nigeria that handle both civil and criminal matters. They are often the first point of contact for legal disputes. Their jurisdiction covers minor criminal offenses and civil matters up to a certain monetary limit as defined by state laws. See the Lagos State Magistrates’ Court Law, Cap. M1 and the case of Udo v. The State (1988) 3 NWLR (Pt. 82) 316 where the court discusses the jurisdiction and authority of magistrate courts in criminal matters.

District Courts

District courts were established to handle civil cases involving native law and custom, but they have been largely replaced by customary and area courts in most parts of Nigeria. They had jurisdiction over civil matters involving native law and custom and minor criminal cases. These laws have often been replaced or repealed as new customary and area courts were established. See the case of Amechi v. Nzelu (1964) NNLR 92 where the court from the era when district courts were more prominent discusses their role and jurisdiction in customary law matters.