Conversely, a nigerian need not bother to know whether or not a foreign company is incorporated in this country for the purpose of maintaining an action against the foreign company in its name. The witness box is to the right hand side of the judge while the dock is to the left hand side of the judge. The supreme court is presided over by the chief justice and has up to 15 justices. Geographical, historical and political profiles of nigeria. The nigerian constitution recognizes courts as either federal or state. The court is duly constituted with at least one judges of the court at the bench during proceedings. A major reason for conglomerate takeovers, or mergers is diversification of activities into other. Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the high court of a state shall have unlimited. In the national industrial court of nigeria suit no.
A comparative analysis of the court structures in nigeria and south. For the high court, the current rules are the high court of lagos state civil procedure rules 2004. In nigeria, the presiding judge is both a judge of facts and the law. Analysis of performance pre and post consolidation of thirteen mega banks in order to consider if there had been improvements. Aug 30, 2016 the supreme court does not have original jurisdiction on any criminal matter and finally, it has jurisdiction to the exclusion of any other court in nigeria to hear and determine any appeal from the court of appeal. The court of appeals decides appeals from the district courts within the federal judicial system, and in some instances from other designated federal courts and administrative agencies.
The nigerian court of appeal is the next court in the hierarchy of courts in nigeria. Its jurisdiction is the highest and most important in the country. Oct 03, 2017 the provisions of the constitution of the federal republic of nigeria cfrn 1999 as amended are that the national assembly or any house of assembly of a state is empowered to establish courts with subordinate jurisdiction to that of a high court as laid claim to by section 6 4 a cfrn. This means that no appeal can be heard regarding matters decided by the supreme court before any other nigerian court. The number of operating bank later increased to 24 banks with the entering of citibank nigeria limited. Kanyip phd rulings delivered in the national industrial court of nigeria in the lagos judicial division holden at. The above was the position in nigeria before the enactment of the nica, 2006 and the amendment to the constitution of nigeria in 2010. Hierarchy of courts in nigeria adenike adetifa the. In 1943, there was the merger of the commissioner court with the supreme court. I would highlight the courts starting from the lowest. Indeed, by virtue of article 125 3 of the constitution, judicial power, that is the power to adjudicate. It was founded in 2004 by a merger of the african court. Pdf the present article analyzes the african court of justice and human.
Decision on the merger of the african court on human and peoples. Below are the 8 hierarchy of courts in nigeria explained. Hierarchy of court in nigeria law repository nigeria. Designated special courts are superior courts of record in. Foreign exchange earnings from crude oil sources account for the single most important source of nigerias foreign exchange. Nigerian legal system will be the constitution making history and legal complex of nigeria. There is a tendency for embs to combine regulations and procedures. The constitution itself indorses the courts as the final location for resolution of legal disputes.
The structure of the jamaican judicial system is based on five basic tiers. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the award of damages, compensation, declaration of rights or prerogative or equitable remedies. Doc the structure and jurisdiction of the courts osei. In addition, within six months of a small merger being completed, the sec may require the parties to notify it of the merger if, in the secs opinion. Section 254a of the constitution of the federal republic of nigeria third alteration act, 2010 came as the long awaited legislative step in listing the nic as a superior court of record. With the recent merger and acquisition of some of the nine rescued banks i. Jul 15, 2015 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. If the judgement at the lower court is not satisfying, an appeal can be made to the higher court in order to get redress and justice. The chief registrar of the high court of lagos state is the head of administration.
The lagos state judiciary has a hierarchy of courts from high courts to magistrates courts to customary courts each with its own rules of court. The rules for granting amendments of pleadings or proceedings are very flexible and a great deal depends on the discretion of the judge or tribunal. The court in which the decision is given may depart from it only in special cases while the courts be low it are strictly bound by that decision. Geographical, historical and political profiles of nigeria 1. Abdulfatah kola makinde is a lecturer in the department of religious studies, obafemi awolowo university, ileife, osun state. Mar 21, 2016 hierarchy of courts the hierarchy of courts is the arrangement of courts in the method through which appeal flows.
The hierarchy of laws understanding and implementing the legal frameworks. The banking reform carried out on the 6th of july, 2004, had been a major wave towards a formidable diversified, strong and reliable banking sector in nigeria. Morocco, nigeria, papua new guinea, romania, saudi arabia, serbia, syria, the. The federal high court as a premier court of first instance has recorded impressive growth since its inception in 1973 and has become, unarguably an important pillar amongst the courts in the federal judiciary of nigeria. Umoren and olokoyo 2007 studied merger and acquisition in nigeria. It consists of the judgments of courts, to interpret the wording of statute law, to protect the. Judiciary, democracy, sustainable democracy, separation of powers, nigeria. The supreme court of nigeria scn, is the highest court in nigeria, and is located in the central district, abuja, in what is known as the three arms zone, so called due to the proximity of the offices of the presidential complex, the national assembly, and the supreme court.
In 1854, the earliest courts called the courts of equity were established by the british in the southern parts of nigeria particularly brass, benin, okrika and opobo. Civil jurisdiction of courts in nigeria the tide news. The central bank of nigeria as generally called gets involved in merger and acquisition activity where banking institutions are involved. In nigeria, some examples of conglomerate include the merger between lever brothers nigeria ltd. Constitution of the federal republic of nigeria 1999.
The role of mergers and acquisitions in corporate growth and development, case. Any merger that concerns the bank must first get prior approval of the cbn before sec approval is granted. Nigeria is a famous country with more than one hundred and forty million population. Nigeria need to be incorporated in nigeria simply because it wants to maintain an action in our courts. It was established by section 237 of the 1999 constitution. Constitutional adjudication and democracy in nigeria tahir mamman and p. The apex or number one court in nigeria is the supreme court of nigeria.
High court law cap 49 laws of northern nigeria the nasarawa state high court civil procedure rules, 2010 in exercise of the powers conferred on me by section 274 of the constitution of the federal republic of nigeria, 1999 and section 116 of the high court law of northern nigeria 1963 as applicable to nasarawa state and all. The judiciary and the role of customary courts in nigeria udosen jacob idem ph. The independent sharia panel of lagos state abdulfatah kola makinde, philip ostien. Edo state high court of justice is situated in sapele road, it is a superior court of record and has 28 judicial divisions and together with the magistrate courts and area courts carry out judicial functions of the judiciary in the state. Cameroon and nigeria, supra note, where the case was. Mrs oil nigeria plc formerly chevron oil nigeria plc date delivered. The 1992 constitution and the courts act 10 provide the composition and jurisdiction of the courts. The jurisdiction of state high courts in nigeria is to be found in section 2361 of the 1979 constitution of the federal republic of nigeria. The nigerian courts of appeal are the intermediate appellate courts of the nigerian federal court system. The african court of justice and human rights acjhr is an international and regional court in africa. African court of justice and human rights wikipedia. Judicial system of nigeria commonwealth governance online. Regardless of the model chosen, it is a best practice that the.
Nonappealable decisions of the national industrial court of. The phrase appropriate court in the above sections is defined, in section 54 of the trade union act, to mean the industrial arbitration panel or the national industrial court as the case may be. Most of the political parties emerged from a merger of. Following the 18 months ultimatum given by the central bank of nigeria with effect from july 1, 2004 to all deposittaking banks in nigeria to increase their paidup capital to a minimum of. Where there has been no breach of any relevant rule of law in that respect a party. Nigeria runs the adversarial system of court proceedings. The law of nigeria consists of courts, offences, and various types of laws. Compared to the supreme court, which is located only in abuja, the court of appeal is separated into various judicial divisions and sits in definite states in nigeria. The next one on the hierarchy of nigerian courts is the court of appeal. It is established by section 237 of the 1999 constitution as amended, headed by the president of the court of appeal and consists of not less than 49.
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