Sunday, June 30, 2024

UNIT 6 - THE NIGERIAN COURT SYSTEM

TOPIC OF THE DAY
- APPEALS FROM MAGISTRATE COURTS
- STATE HIGH COURTS
- SUPERVISORY JURISDITION OF HIGH COURTS
- THE FEDERAL HIGH COURT
- THE COURT OF APPEAL
- APPEALS AS OF RIGHT FROM A HIGH COURT
- GENERAL POWERS OF THE COURT OF APPEAL
- THE SUPREME COURT OF NIGERIA
- GENERAL POWERS OF THE SUPREME COURT 

Appeals from Magistrate Courts
Appeals from decisions of the Magistrate Courts in civil and criminal matters lie to the High Court of the State. The appellant must file a notice of appeal within the period prescribed by the rules of the court, usually within 30 days of the decision. The notice should state the grounds of appeal. See section 87 of the Magistrates’ Courts Law of Lagos State and the case of Nnanyelugo v. Nnanyelugo (1994) 7 NWLR (Pt. 353) 86 where the court highlights the procedure for lodging an appeal from the Magistrate Court to the High Court.

State High Courts
State High Courts have original jurisdiction over civil and criminal matters and appellate jurisdiction over decisions from lower courts, including Magistrate Courts. See section 272 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the case of Agboola v. Sogbesan (1988) 1 NWLR (Pt. 69) 137 where the court outlines the scope of the High Court's appellate jurisdiction.

Supervisory Jurisdiction of High Courts
High Courts have the power to supervise lower courts and tribunals through these writs, ensuring they act within their jurisdiction and follow due process. See section 272 of the 1999 Constitution and the case of Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621 where the court illustrates the use of supervisory jurisdiction to check the powers of lower courts and authorities.

The Federal High Court
The federal high court has jurisdictions over matters related to revenue, companies, intellectual property, and admiralty, among others. See section 251 of the 1999 Constitution and the case of NEPA v. Edegbero (2002) 18 NWLR (Pt. 798) 79 where the court clarifies the exclusive jurisdiction of the Federal High Court in matters of revenue and federal taxation.

The Court of Appeal
The court of appeal hears appeals from the decisions of Federal and State High Courts, and other tribunals. See section 240 of the 1999 Constitution and the case of Eguamwense v. Amaghizemwen (1993) 9 NWLR (Pt. 315) 1 where the court discusses the appellate jurisdiction of the Court of Appeal.

Appeals as of Right from a High Court
In Civil Matters, appeals lie as of right in cases involving questions of law alone, fundamental rights, and final decisions in any civil or criminal proceedings before the High Court while in Criminal Matters, appeals lie as of right against sentences of death and other severe punishments. See section 241 of the 1999 Constitution and the case of Odutola v. Kayode (1994) 2 NWLR (Pt. 324) 1 where the court examines the circumstances under which appeals lie as of right.

General Powers of the Court of Appeal
The Court of Appeal can rehear cases and make any order that the trial court could have made. The court has the power to make orders necessary for determining the real question in controversy. See section 16 of the Court of Appeal Act and the case of Akibu v. Oduntan (1991) 2 NWLR (Pt. 171) 1 where the court elaborates on the general powers of the Court of Appeal.

The Supreme Court of Nigeria
The supreme court has jurisdiction in matters between the federation and a state or between states. It is the final appellate jurisdiction over decisions from the Court of Appeal. See sections 232 and 233 of the 1999 Constitution and the case of Adisa v. Oyinwola (2000) 10 NWLR (Pt. 674) 116 where the court discusses the scope of the Supreme Court’s jurisdiction.

General Powers of the Supreme Court
The Supreme Court has the final say in all legal matters within its jurisdiction and can make any order necessary to do justice in any case before it. See section 22 of the Supreme Court Act and the case of Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt. 109) 250 where the court highlights the Supreme Court's power to ensure justice is done in all cases.

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