It is evident that the Nigerian legal system does not support a single Court system.

Consequently court in the federation are structured in a hierarchical structure. Hierarchy of

courts in Nigeria is very important because it determines the kind of matters that can be
brought before any Court. Take for instance, land and women inheritance right brought
under the original jurisdiction of the supreme court because those kind of matters under
the original jurisdiction of customary courts.
First and foremost, apparent that the judicial powers of the federal Republic of Nigeria is
vested in the courts invested for in section 6 subsection 1 and subsection 2 of the 1999
Constitution of Nigeria. T courts at the courts of superior courts. While some are Court of
coordinate jurisdiction in a horizontal scale they can also be ranked on a vertical scale,
showing courts that are superior to the decisions.
The consequences is that the higher Court can hear appeal from a court below it and can
also override the decisions made in error of the latter. This article discuss the various
courts of record in Nigeria according to the superiority, with the supreme court being the
court of last resort and highest court in Nigeria, that is,the apex court.

Hierarchy of courts in Nigeria

• Supreme court of Nigeria
• Court of appeal
• National industrial court
• High courts
• Sharia court of appeal
• Customary court
• Magistrate Court

SECTION 6 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA UNDER

SUBSECTION 5, LISTED the courts in Nigeria in a hierarchical order
They include;
• Supreme court of appeal
• Court of appeal
• National industrial court
• Federal high court of the federal capital territory and high court of a state
• Sharia court of appeal of the federal Capital territory,Abuja and the Sharia court of
appeal of a state.
• Customary court of appeal of the federal capialt territory, Abuja and the Customary Court
of appeal of a state.

• SUPREME COURT OF NIGERIA

 The Supreme Court of Nigeria is the highest court of appeal in the land[1]. Hence,
decisions made by this court are final in Nigeria. There is no further court of appeal.

As a consequence of this, it has specific jurisdiction and duties imposed on it by the

constitution.

It’s jurisdiction, pursuant to the provisions of S.232 (1), extends exclusively to:

All matters of dispute between the Federation and the state.

Matter of dispute between individual states.
Also, the Supreme Court has jurisdiction in matters which have been conferred on it by an
act of the National Assembly[2].

Furthermore, the Supreme Court also has the right to hear appeals from the court of
appeal as provided for in S.233 (1) CFRN 1999.

Appointment and Qualification for Justices of the Supreme Court

The Supreme Court, by virtue of being the highest court in the land, is headed by the Chief
Justice of the Federation. He is supported by other justices. There are a number of
requirements that have to be met before a person can either be a justice of the Supreme
Court or the Chief Justice of the Federation.

For a person to be appointed as a Justice of the Supreme Court, such person has to be
appointed by the President on the recommendation of the National Judicial Council. This
appointed is finally subject to confirmation by the senate[3].

It should also be noted that before a person can be qualified to be a justice of the
Supreme Court such person must have been qualified to practice as a legal practitioner for
a period of not less than 15 years.

For a person to be the Chief Justice of Nigeria such person would be appointed by the
President on the recommendation of the National Judicial Council. This is then also subject
to confirmation of such person by the Senate[4].

REFERENCES
[1] S.235 Constitution of the federal Republic of Nigeria (CFRN) 1999 (as amended)
[2] S.232 (2) (CFRN) (as amended)

[3] S. 231(2) CFRN 1999 (as amended)

[4] S.231(1) CFRN 1999 (as amended

The supreme court is not bound by any previous decision of any court anywhere. However,
it follows its previous decisions in order to maintain certainty and uniformity in the
administration of justice. The supreme court may, however, choose to depart from its
previous decisions in the following situation:

• If the previous decision is given per incuriam

• If following the previous decision would lead to substantial injustice.

• When a legislation nullifies the decision made in the previous judgement. see Bucknor
Maclean vs Inlaks Nig Ltd [1980] where the court departed from its decision in two
previous cases: Shell BP vs Jammal Engineering Ltd and Owumi vs Paterson Zochonis and
co Ltd due to the fact that adherence to these precedents could lead to substantial
injustice.

• If it is faced with two previous conflicting decisions of its own, it can choose to follow
anyone.

In the case of Odi vs Osafile the court reasoned that the law was made for man and not
man for the law. Also, man isn’t infallible and so are his thoughts. Therefore if it is pointed
out that there has been a substantial error in a previous decision, the court should have
the jurisdiction to correct that decision.

• THE COURT OF APPEAL

The Court of Appeal is the court immediately below the Supreme Court. This is because in
the hierarchy of courts, appeals go directly from it to the Supreme Court. This court is
divided into numerous divisions, however, they are all still seen as one court. When
decisions of this court in the Ilorin division are being referred to, instead of calling it the
“Court of Appeal Ilorin division” it would be called the “Court of Appeal”.
Jurisdiction Of The Court 0f Appeal
The general jurisdiction of this court is to receive appeal of cases from the Federal High
Court, High Court, Sharia Court of Appeal, Customary Court of Appeal, court martial or any
other tribunal as specified by an act of the national assembly[1].

The Court of Appeal pursuant to the provision of S.239 (1) CFRN has exclusive jurisdiction
to:

Determine whether or not the President or vice President has been validly elected[2].
The term of office of the President or vice President has ceased[3].
The office of the President or vice President has become vacant[4].
Appointment And Qualification For Justices Of The Court Of Appeal
Justices of this court are appointed by the President on the recommendation of the
national judicial council[5]. Before a person can be qualified to hold the office of Justice of
this court, such person must have been a legal practitioner for not less than 12 years[6].

The head of the Court of Appeal is usually referred to as the President of the Court of
Appeal. The constitution provides in S.238 (1) that before a person can become the
President of the Court, he will be appointed by the President on the recommendation of
the National Judicial Council. This is then subject to final confirmation by the Senate.

References
[1] S.240 CFRN 1999

[2] S.239 (1) (a)

[3] S.239 (1) (b)

[4] S.239 (1) (c) CFRN 1999 as amended

[5] S.238 (2)

[6] S.238 (3) CFRN

• THE NIGERIAN HIGH COURT

These courts are referred to as courts of co-ordinate jurisdiction therefore, they are not
bound by previous decisions of another high court. At best, the decision of another high
court is persuasive on another high court. However, it is not expected for a high court to
depart from another high court’s decision except in good cause.

A state high court, unlike the federal high court, has wider jurisdiction. In the provision of
S.251 of the constitution, you would be able to see the limited jurisdiction placed on the
Federal High Court. Thus, if a state high court makes a decision on a matter of federal
application, it binds all magistrate courts in the country. If it makes a decision on matters of
state application, it only binds courts of inferior jurisdiction in the state.
Three distinct courts in Nigeria carry the appellation of the name “High Court”. These
courts are the Federal High Court, State High Court and the High Court of the Federal
Capital territory. Of these three courts, that of the state and the FCT are similar. The only
difference is that the High Court of the FCT is the “state court” for the Federal Capital
Territory. The Federal High Court, on the other hand, deals with matters that are generally
federal in nature.

High Court Of The Federal Capital Territory

This is the High Court for the federal capital territory. Its physical jurisdiction extends to
causes of actions that arise within the geographical confines of the Federal Capital
Territory[1].

Jurisdiction
The jurisdiction of this court is subject to the jurisdiction of the Federal High Court as
stated in S.251. This court has jurisdiction to hear civil and criminal cases brought before
it[2]. It is also provided in S.257 (2) that it can hear criminal and civil cases in exercise of its
appellate supervisory jurisdiction. This appellate jurisdiction is in regards to hearing
appeals from lower courts like the magistrate and district courts.

Appointment and Qualification of Judges

The appointment of Justices is by the President on the recommendation of the NJC[3].
Before a person can be qualified to be appointed as a judge of this court he must have
been a legal practitioner for not less than 10 years[4].

This court is headed by the Chief Judge of the FCT. The appointment of a person to the
position of Chief Judge of the High Court FCT is by the President on the recommendation of
the National Judicial Council (NJC) subject to confirmation by the senate[5].

Federal High Court

This Court that has special jurisdiction in relation to matters concerning the Federal
government.
Jurisdiction
The jurisdiction of this court is outlined in S.251 CFRN 1999. Some of them are:

Hearing cases in relation to federal government revenue

Cases in relation to banking. Like cases between banks and cases for or against the CBN.
This precludes cases between an individual customer and his bank.
Cases in relation to the operation of the CAMA.
Cases in relation to aviation and safety of aircraft.
Cases in relation to arms and ammunitions.
Cases that deal with drugs and poisons
Cases involving mines and minerals including oil fields etc
Appointment and Qualifications for Judges
The appointment of a person to the position of the Chief Judge of the Federal High Court is
by the President on the recommendation of the NJC subject to confirmation by the
Senate[6]. The appointment of judges for this court is by the President subject to the
recommendation of the NJC[7]. Before a person can be qualified to be appointed as a judge
of the Federal High Court, he must have been a legal practitioner for not less than 10
years[8].

State High Courts

This is the High Court of a state. Each individual state has its own Court headed by a
distinct Chief Judge. The State High Court of a particular state has jurisdiction on causes of
action that arise within that state.

Jurisdiction
The jurisdiction of this court is subject to the jurisdiction of the Federal High Court as
stated in S.251. The State High Court has jurisdiction to hear civil and criminal cases
brought before it[9]. It is also provided in S.272 (2) that it can hear criminal and civil cases
in exercise of its appellate supervisory jurisdiction. This appellate jurisdiction is in relation
to the hearing of appeals from lower courts like the magistrate and district courts.

Appointment and Qualifications for Justices

The appointment of Justices of the State High Court is by the Governor on the
recommendation of the NJC[10]. Before a person can be qualified to be appointed as a
judge, he must have been a legal practitioner for not less than 10 years[11].

The appointment of a person to the position of Chief Judge of a State High Court is by the
Governor of that state on the recommendation of the National Judicial Council (NJC)
subject to confirmation by the house of assembly[12].
References
[1] As At the time of writing, the federal capital territory of Nigeria is Abuja

[2] S.257(1)

[3] S.256 (2)

[4] S.256(3)

[5] S.256(1) CFRN

[6] S.250(1)

[7] S.250 (2)

[8] S.250(3) CFRN 1999

[9] S.272 (1)

[10] S.271 (2)

[11] S.271(3)

[12] S.271(1) CFRN

• SHARIA COURT OF APPEAL

Sharia Court of Appeal is another important court in the hierarchy of courts in Nigeria. It is
provided for in Section 260 of the 1999 constitution of the Federal Republic of Nigeria.
However, Section 275 of the same constitution made it discretionary for any state in
Nigeria to establish its own Sharia Court of Appeal. The section provides as follows:
 “There shall be for any State that requires it a Sharia Court of Appeal for that State. (b)
such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of
Assembly of the State.”

The constitution provides that the Sharia Court of Appeal is to be headed by the Grandi
Kadi, which is to be prescribed by the House of Assembly of that state.

It is pertinent to note that Sharia Court of Appeal has supervisory and appellate jurisdiction
in civil cases that has to do with Islamic personal law. Only in this instance, can appeal go to
this court.

• CUSTOMARY COURT OF APPEAL

It should be noted that customary and sharia courts of appeal are not bound by judicial
precedent. This is because they are not of common law origin. Also, they hear appeals on
cases from the area courts. While the high court hears from the magistrate court.
There is a customary court of appeal in states and in the Federal Capital Territory. It is
usually headed by the president of the customary Court of appeal and its major function is
that of supervisory and to hear appeal in issues that concerns customary law.

Take for instance, in matters that concerns the ownership of land or inheritance right of
Women like the case of Mojekwu v Mojekwu, the Customary courts have jurisdiction of
such matters.

For a better understanding of the Jurisdiction of customary courts and their mode of
establishment, you can check Section 265 of the 1999 constitution of the Federal Republic
of Nigeria. This section of the constitution discusses customary courts in details.

~INFERIOR COURT
Let me start by saying that an inferior court (for example, a Magistrates Court or Local
Court) has limited jurisdiction over smaller, summary matters with a lower monetary
threshold than the intermediate courts of each state and territory. Their jurisdiction is (like
intermediate courts) prescribed by statute in each state and territory[1].

In the case of Nigeria, These are courts that are regarded as courts of inferior jurisdiction.
There are two adduced reasons for this. Firstly, it is not listed among the courts in S.6(5)(a)
– (i) of the 1999 Constitution. Also the constitution provides that the courts that are
mentioned in the previous section are courts of superior record[2]. By implication, courts
that are not mentioned are courts of inferior record. The second reason for this is that they
cannot punish contempt ex facci curria. This means contempt committed not in the face of
the court or outside the court[3].
• MAGISTRATE COURT
Apparently, magistrate court and district courts are not provided for in the 1999
Constitution of the federal Republic of Nigeria. This court is the last of the hierarchy of
courts in Nigeria and is established by the house of assembly of a state. Most times
magistrate court and district Court function as COURT OF SUMMARY JUDGMENT. In the
Southern part of Nigeria, these courts are referred to as the magistrate court. There as
they are referred to as the district Court in the North. Since, magistrate court and district
Court established by the house of assembly or state the jurisdiction of the court is usually
outlined in the rules of the court.
Decisions of the magistrate court about by the decisions of their court but their own
decisions do not bind any Court. Also they are not bound by any of their previous decisions.

REFERENCE
[1]https://uk.practicallaw.thomsonreuters.com/w-005-5206?
transitionType=Default&contextData=(sc.Default). Inferior courts.
[2] Section S.6(3) of the 1999 Constitution of the federal Republic of Nigeria.
[3]https://www.duhaime.org/Legal-Dictionary/Term/ExFacieContempt