JURISDICTION AND COURTS ESTABLISHED BY THE CONSTITUTION

Being a paper presented at the Mandatory Continuing Education Programme on 'Legal intervention and procedures in environmental health litigation' at Ta'al conference Hotel. Lafia, 0n 18-20th April, 2012


BY BARR. S. O. ABILORO

Jurisdiction is genuine and fundamental in every proceeding in court. If a court adjudicates over a matter which it has no jurisdiction, no matter how brilliant the judgment is, its efforts and proceedings are nullity abinitio.
Jurisdiction may be by reference to constitution or composition of the court. The law specifies the number of judges that must seat in a given matter failing which the court cannot competently handle the matter.

Jurisdiction may also be determined by geographical area of operation of the court.
The leading authority on the essentials of jurisdiction is the case of Madukolu V. Nkemdilim (1962) S.C.N.L.R 341. A court has jurisdiction:
i. When it properly constituted as regards members and qualifications of the members of the Bench and no number is disqualified for any reason.
ii. When the subject matter of the case is within its jurisdiction.
iii. And when the case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction.
CFRN 1999 established seven (7) superior courts of record in Nigeria and confer on them both original and appellate jurisdiction in respect of certain matters.

CATEGORIES OF COURTS IN NIGERIA
1. Supreme Court
2. Court of Appeal
3. Federal High Court
4. High Court of the Federal Capital Territory
5. High Court of a State
6. Sharia and Customary Court of Appeal of the Federal Capital Territory
7. Sharia and Customary Court of Appeal of a State

SUPREME COURT OF NIGERIA
This is the highest in the hierarchy of courts in Nigeria. Section 232(1) of CFRN 1999 provides for the establishment of the Supreme Court.
The composition consists of the Chief Justice of Nigeria and such number of justice not exceeding twenty-one (21) as may be prescribed by an Act of the National Assembly.
Appointment of Chief Justice of Nigeria and other Justice of the Supreme Court are appointed by the President of the Federal Republic of Nigeria on the recommendation of National Judicial Council subject to confirmation of such appointment by the senate.
JURISDICTION
The Supreme Court has both original and appellate jurisdiction.
Original Jurisdiction
Section 232(1) of 1999 CFRN provides that the Supreme Court shall to the exclusion of any other court have original jurisdiction in any dispute between:
(a) Federation and a State
(b) Between States
(c) Original jurisdiction as may be conferred by the National
Assembly.
Additional Original Jurisdiction conferred upon the Supreme Court by Section 232(1) shall to the exclusion of any other court, have original jurisdiction in any dispute between:
(a) National Assembly and the President
(b) National Assembly and any State House of Assembly
(c) National Assembly and a State of the Federation
APPELLATE JURISDICTION
An appellate court derives its jurisdiction from the statute creating it, including the 1999 constitution and other enabling statutory provisions.
The constitution provides that no any other court of Law in Nigeria has power/authority to hear and determine appeals from the Court of Appeal. The Supreme Court has the exclusive jurisdiction.
The decision/judgment of the Supreme Court is final and appeal lies to nowhere.
Section 234 of CFRN provides that for the purpose of exercising any jurisdiction conferred upon it. Supreme Court shall be properly constituted if it consists of not less than five (5) justices of S.C.
However, the Supreme Court shall be duly constituted by seven (7) justices. Such instances include the following
(i) Interpretation of Constitution
(ii) A question whether any of the provisions relating to fundamental human rights has been, is being or is likely to be contravened, or
(iii) The exercise of its original jurisdiction
However, there are occasions where the Supreme Court can set aside its decision in certain circumstances. Such cases are as follows:
(i) If the judgment is obtained by fraud
(ii) If the judgment is a nullity such as when the court itself was not competent or
(iii) If the court is misled into giving judgement under a mistaken belief that the parties had consented to it, or
(iv) If the judgment is given in the absence of jurisdiction
The Chief Justice of Nigeria is empowered under the 1999 constitution. Section 234 to make rules for regulating the practice and procedure of the Supreme Court.
COURT OF APPEAL
Court of Appeal (CA) is next to the Supreme Court in the hierarchy of Nigeria Court System. The Court is established by Section 237 of 1999 CFRN. Its composition consists of a President of the Court of Appeal and other Justice of the Court of Appeal not less than forty-nine (49) in number. Three of which shall be learned in Islamic Personal Law and three others learned in Customary Law.
The President of the Court of Appeal is appointed by the President of Federal Republic of Nigeria based on the recommendation of the National Judicial Council subject to the confirmation of the Senate.
The Court of Appeal has both original and appellate jurisdiction.
Original Jurisdiction
Section 239 of the 1999 CFRN provides for the original jurisdiction of the Court of Appeal in respect of the following matters.
(i) Whether any person has been validly elected to the office of the President or Vice President.
(ii) Whether the term of the office of the President or Vice President has ceased or
(iii) Whether the office of the President or Vice President has became vacant.

Appellate Jurisdiction
Section 240 of CFRN provides that the Court of Appeal shall have appellate jurisdiction to the exclusion of any other court of law in Nigeria to hear appeals from the Federal High Court, State High Courts including FCT and other Lower Courts.
The Court shall be duly constituted if it consists of not less than three (3) justices of Court of Appeal.
However, it could be more than three (3) justices depending on the nature and circumstances of the appeal or the matter before the court.
And Section 248 of the 1999 CFRN empowers the President of the CA to make rules for regulating practice and procedure of the court of Appeal.
FEDERAL HIGH COURT
This is a Federal Court established by Section 249(1) of the 1991 CFRN and consists of a Chief Judge and such number of Judges as may be prescribed by an Act of the National Assembly.
The Chief Judge and other Judges of the Federal High Court are appointed by Mr. President on the recommendation of National Judicial Council subject to the confirmation of the Chief Judge only. Jurisdiction of the FHC covers the entire country.

The Exclusive Jurisdiction of FHC according to Section 251(1) of the 1999 CFRN covers the following matters:
(i) Revenue of Government
(ii) Taxation
(iii) Custom and excise
(iv) Banking and Fiscal Measures
(v) Operation of CRMA
(vi) Copyright, Trade mark, patent and designs
(vii) Admiralty
(viii) Diplomatic, Consular of trade representatives
(ix) Citizenship
(x) Bankruptcy and insolvency
(xi) Aviation and safety of aircraft
(xii) Arms and ammunition
(xiii) Drugs and poisons
(xiv) Mines and Minerals
(xv) Weights and measures
(xvi) Administration and management of any government agency e.t.c.
(xvii) Interpretation of constitution as it affects the Federal Government and its agencies
(xviii) Action for declaration or injunction against the Federal Government and its agencies
And any other jurisdiction conferred by the National Assembly.
In addition to the exclusive jurisdiction of the FHC, the Court also exercise concurrent jurisdiction with the State High Court in respect of the following:
(a) Enforcement of fundamental human rights
(b) Reference of questions as to interpretation of constitution
In Grace Jack V. University of Agriculture, Markurdi (2004) NWLR (part 865) 2009 SC held that by virtue of order 1 Rule 2 of the fundamental right (Enforcement Procedure) Rules made pursuant to the 1999 CFRN, the Federal High Court and the State High Court have concurrent jurisdiction in respect of the enforcement of Federal High Court.
The Federal High Court has Appellate Jurisdiction in the followings matters:
(a) Decisions of Appeal Commissioners established under companies Income Tax Act and the Personal Income Tax Act.
(b) Decisions of the Customs, Immigration and Prison Services Board.
(c) Decisions of Magistrates’ Courts in respect of mattes transferred to such courts in pursuant to the Act.
(d) Decisions on any other body established by or under any Federal enactment of law in respect of matters concerning which jurisdiction is conferred by the Act.
The FHC is duly constituted by one judge.




THE STATES HIGH COURT AND THE FEDERAL CAPITAL TERRITORY, ABUJA
The State High Court is established for each state of the Federation by Section 270(1) of 1999 CFRN and consists of a Chief Judge of the state and such number of judges as may be prescribed by the House of Assembly of the State.
Their appointment is made by the Governor on the recommendation of National Judicial Council.
The jurisdiction of the State High Court is provided for in Section 272(1) as follows:
“The High Court of a State shall have jurisdiction to hear and determine any civil proceeding in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue”.
“The jurisdiction conferred on the State High Court by Section 272(1) covers original, appellate as well as supervisory jurisdiction”.
A High Court of a State shall be duly constituted if it consists of at least one judge of that court.
Section 257(1) and 272 of the CFRN provide for general jurisdiction of the High Court of Federal Capital Territory and state respectively.
The general jurisdiction of the High Court is limited by the following provisions:
(a) Exclusive jurisdiction of Federal High Court in Section 251(1)
(b) The jurisdiction of the Sharia Court of Appeal in matters of Islamic Personal Law in Section 277.
(c) The jurisdiction of the Customary Court of Appeal in respect of Customary Law in Section 282.
Both the Federal High Court and State High Court perform concurrent jurisdiction in respect of two matters.
(a) Enforcement of Fundamental Human Rights
(b) Reference of questions as to interpretation or application of the constitution.

Transfer of Cases from Federal High Court to the State High Court
vice-versa
Section 22(2) of the Federal High Court Act (amended/empowers) the Federal High Court to transfer cases wrongly commenced in it to the State High Court instead of being struck out.
State High Court to the Federal High Court, although Section 22(3) of the Federal High Court Act (as amended) provides that the High Court of the States and Federal Capital Territory shall not strike out but transfer a matter wrongly commenced in the court.

SHARIA COURT OF APPEAL
The Sharia Court of Appeal is established by Section 275 of the 1999 CFRN for any state that requires it but mandatory in the Federal Capital Territory.
The Court consists of a Grand Kadi and such other number of Kadis of the Court as may be prescribed by the House of Assembly in the case of a state.
The Grand Kadi and the Kadis of the Sharia Court of Appeal of a state are appointed by the Governor on the recommendation of National Judicial Commission (NJC) subject to the confirmation of such appointment by the House of Assembly of that state in the case of the Grand Kadi only.
In the Federal Capital Territory, the appointment of the Grand Kadi is by the President on the recommendation of NJC subject to confirmation of such appointment by the Senate.
Section 262 of the 1999 CFRN provides that the Sharia Court of Appeal shall exercise both appellate and supervisory jurisdiction in civil proceeding involving questions of Islamic Personal Law.
For the purpose of exercising its jurisdiction, the Sharia Court of Appeal shall be duly constituted if it consists of at least three (3) Kadis of that Court.

CUSTOMARY COURT OF APPEAL
The Customary Court of Appeal is established by the 1999 CFRN for any state of the Federation that requires it but mandatory for the FCT.
The Court consists of a President of Customary Court of Appeal and such other judge of the court as it may be prescribed by the House of Assembly in the case of a state. The President and Judges of the Customary Court of Appeal of a state are appointed by the State Governor on the recommendation of National Judicial Council subject to the confirmation of such appointment by the House of Assembly in the case of the President of the Court only.
In case of the FCT, the appointment is made by the President of Federal Republic Nigeria on the recommendation of National Judicial Commission subject to the confirmation of Senate in case of the President of the Court only.
The Customary of Appeal has no original jurisdiction but has both Appellate and Supervisory Jurisdiction in civil proceedings involving question of customary law as may be prescribed by law of House of Assembly in case of a state or Act of National Assembly in the case of the Federal Capital Territory. The Customary Court of Appeal shall be duly constituted if it consists of at least three (3) Judges of that court.

COURT ESTABLISHED BY STATES AND THE FEDERAL CAPITAL
TERRITORY
Apart from the seven (7) Superior Court of Records created by the CFRN, all the states of Federal and the Federal Capital Territory, Abuja have enacted laws establishing inferior courts. These courts are:
1. The Magistrate Courts established by the Magistrate Court Law of the State of Southern Nigeria. Apart from minor variations relating to the Grades of the Magistrates and their financial limits, the subject matter in respect of which Magistrates’ Courts are vested with jurisdiction are more or less the same in all the states of the Federation.
The state is divided into magisterial districts by the Chief Judge of the State and a Magistrate Court is established for each district. For example, currently there are six grades of Magistrate Courts in Lagos State vis:
(i) Chief Magistrate Grade 1
(ii) Chief Magistrate Grade 2
(iii) Senior Magistrate Grade 1
(iv) Senior Magistrate Grade 2
(v) Magistrate Grade 1
(vi) Magistrate Grade 2
Magistrates only hear matters that are within their magisterial district and do transfer wrongly instituted matters to the appropriate magisterial district.

(A) SUBJECT MATTERS
Their jurisdiction covers the following subject matters:
(i) All personal actions arising from contract or from tort or from both.
(ii) All actions between landlord and tenant
(iii) All actions for recovery of penalty, rates, expenses or contribution
(iv) Actions to grant injunction or order to stay waste or for the detention and preservation of any property or to restrain breach of contract or torts.

(B) FINANCIAL LIMITS
Their jurisdiction covers the following financial limits:
(i) Chief Magistrate Grade 1 and 2 - One million naira
(N1m) only
(ii) Senior Magistrate Grade 1 and 2 - Seven hundred and
fifty thousand naira
(N750,000.00) only
(iii) Magistrate Grade 1 and 2 - Five hundred thousand
naira (N500,000.00) only.

DISTRICT COURTS
District Courts are established by the District Court Act/Laws for the Federal Capital Territory, Abuja and the states of Northern Nigeria. The various states in the North have their laws establishing and defining the jurisdiction it covers.
In the Federal Capital Territory, Abuja for example, there are six (6) grades of District Judges vis:
(i) Chief District Judge 1
(ii) Chief District Judge 2
(iii) Senior District 1
(iv) Senior District 2
(v) District Judge 1
(vi) District Judge 2

(A) SUBJECT MATTER
All grades of District Judges are vested with jurisdiction in respect of the following matters:
(a) All personal suits arising from contract or tort or both
(b) All personal suits between landlord and tenant for
possession of premises
(c) All nations for recovery of any penalty, rates, expenses and
contribution
(d) Actions for grant of injunction e.t.c.

(B) FINANCIAL LIMIT
The financial limits of the various grades District Court Judges in respect of financial limit.
(i) Chief District Judge I - Two hundred and fifty thousand
naira (N250,000.00) only
(ii) Chief District Judge II - Two hundred thousand naira
(N200,000.00) only
(iii) Senior District Judge I - One hundred and fifty thousand
naira (N150,000.00) only
(iv) Senior District Judge II - One hundred thousand naira
(N100,000.00) only
(v) District Judge I - Fifty thousand naira
(N50,000.00) only
(vi) District Judge II - Twenty-five thousand naira
(N25,000.00) only
AREA COURT
Area Courts exist in the Northern parts of Nigeria including the Federal Capital Territory, Abuja. For example, in Kano State, there are three (3) grades Area Court Judges under the Area Court Law of Kano State.
(i) The Upper Area Court
(ii) The Area Court I
(iii) The Area Court II
The jurisdiction of the Area Court under that Law 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
SHARIA COURT
Sharia Court is a feature of the judicial system of the Northern States. Some states in the Northern Nigeria have established the Sharia Court. For example, in Zamfara State. The court is divided into 3 grades as follows:
(i) Upper Sharia Court
(ii) Higher Sharia Court
(iii) Sharia Court
The jurisdiction of the Sharia Court relates to Civil Proceedings in Islamic Law in respect of right, power, duty, liability, privilege, interest, obligation or claim in issue.
CUSTOMARY COURT
Customary Courts are established by Customary Court Law of the States of Southern Nigeria as an alternative to the Area Courts in the North. The jurisdiction of Customary Court in Lagos State for example covers the following:
(i) Matrimonial Causes and other matters between persons married under customary law
(ii) Suits relating to guardianship and custody of children under customary law
(iii) Matters relating to inheritance upon intestacy and the administration of intestate estate under customary law
(iv) Other cases or matter for debt demanding or damages.
The jurisdiction of the court is limited to the value of five hundred naira (N500.00) only.

NATIONAL INDUSTRIAL COURT
The National Industrial Court is not one of the courts directly established by the constitution. The court is created by an Act of National Assembly. The Court consists of the president and not less than twelve (12) judges.
The president of the court and the judges are appointed by the President of the Federal Republic of Nigeria on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate in the case of President only.
The court has an exclusive jurisdiction in the following matters:
i. Labour including trade unions, industrial relations, environment, conditions of work, health, safety, welfare of labour and incidental matters.
ii. Grant of order to restrain strike, lock-out or any industrial action.
iii. Determination of any question as to the interpretation of any collective agreement, arbitral award relating to labour, terms of settlement of labour dispute, trade union constitution and any judgement of the court.
The court shall be duly constituted by not less than three (3) judges when sitting. However, a single judge may sit and hear interlocutory application or a preliminary matter in any proceeding.

REFERENCE BOOKS
1. A. F. Afolayan and P. C. Okorie, 2007 Modern Civil Procedure Law, Dee-Sage Nigeria Ltd, Ojodu Lagos, Page 8-47.

2. Sylvester O. Imhanobe, 2008 Lawyer’s Deskbook, Rehoboth Publishing Ltd, Lagos. Page 5-20.

3. Constitution of the Federal Republic of Nigeria (CFRN).

4. The Nigeria Weekly Law Report (NWLR)