The importance of a constitution in any given society cannot be overemphasized. Aug 17, 2015 it was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of s. The nigerian supreme court is the highest court in the country. 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. 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. Jul 15, 2015 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. Customary courts of appeal are interspersed in the country. Acquirer acquirer acquirer scenario identity acquirer target new identity. In these rules, unless it is otherwise expressly provided or the context so requires. It has been established in plateau, edo, delta, imo, federal capital territory, abia, benue and taraba states. The supreme court is presided over by the chief justice and has up to 15 justices. Notification is mandatory for acquisitions involving companies with assets or turnover of n500,000,000 and above which do not qualify for the exemptions referred to in 1. The supreme court and federalism in nigeria request pdf.
Short title page 1 national industrial court of nigeria civil procedure rules, 2017 b3347 printed and published by the federal government printer, lagos, nigeria. Constitution of the federal republic of nigeria 1999 251 notwithstanding anything to the contrary contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an act of the national assembly, the federal high court shall have and excise jurisdiction to the exclusion of any other court in civil causes and. The national industrial court of nigeria nic was established in 1976 by the trade disputes act, cap 432, laws of the federation of nigeria, 1990 and was in 2010 elevated to a superior court of record and of coordinate jurisdiction with the federal high court, the various state high courts and other courts of coordinate jurisdiction with a. Court cannot expand jurisdiction courts can expound their jurisdiction, but they cannot expand it tukur v govt. Morocco, nigeria, papua new guinea, romania, saudi arabia, serbia, syria, the united arab. The constitution, in nigerias situation, is the supreme law of the land which all acts of individuals and of parliament must not contravene. Section 254a of the constitution of the federal republic of nigeria third alteration act, 2010 came as the long awaited legislative step in. Amendment of pleadings in nigerian courts greymile. Supreme court overrules previous case law on service outside.
Find list of best courts in nigeria with their name, address, contact phone number and other information on vconnect. Below are the 8 hierarchy of courts in nigeria explained. As at 2010, there are 66 judges of the nigerian courts of appeals authorized by the senate. Since nigerias transition from military to civilian rule in 1999, the countrys supreme court has risen from a position of relative political obscurity and institutional vulnerability into a. Constitutional court cases in nigeria law library of congress. I enacted by the national assembly of the federal republic of nigeriacommencement. The nigerian court of appeal is the next court in the hierarchy of courts in nigeria. This means that no appeal can be heard regarding matters decided by the supreme court before any other nigerian court. Unlike the supreme court which is situated only in abuja, the court of appeal is divided into different judicial divisions and sits in certain states in nigeria. This article iden tifies the main problems of access to courts in nigeria on the basis of a survey of 154 nigerian legal pra ctitione r s, an analysis of nigerian court cases and two field trips. The judiciary and the role of customary courts in nigeria udosen jacob idem ph. The nigerian courts of appeal are the intermediate appellate courts of the nigerian federal court system. D former chief magistrate, akwa ibom state judiciary, nigeria lecturer, school of continuing education, law diploma programme, university of uyo, nigeria facilitator, school of law, national open university of nigeria, uyo study centre.
Designated special courts are superior courts of record in. I enacted by the national assembly of the federal republic of nigeria commencement. The 8 hierarchy of courts in nigeria explained nigerian. The above was the position in nigeria before the enactment of the nica, 2006 and. List of federal courts companies and services in nigeria. A comparative analysis of the court structures in nigeria and south. Federal capital territory ahuja area courts repeal and enactment act, 2010 a bill for an act to repeal the area courts act cap. 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. Types of court in nigeria and their functions legit. It was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of s.
The apex or number one court in nigeria is the supreme court of nigeria. Enforcement of foreign judgments 2020 nigeria iclg. In the supreme court of nigeria on friday, the 11th day of march 2011. The national industrial court of nigeria also known as nic is a court empowered to adjudicate trade disputes, labour practices, matters related to the factories act, trade disputes act, trade unions act, workmens compensations act and appeals. Constitutional court cases in nigeria law library of.
Types of courts in nigeria and their functions information. 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. S customary courts jurisdiction in statutory criminal offences revoca tion order, 1966. A merger is the amalgamation of the undertakings or any part of. Owo in ondo state is within nigeria and therefore within the jurisdiction of the federal high court sitting in abuja. It has the highest and most important jurisdiction in the country. It was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of section 2 and section 5c of the constitution of the federal republic of nigeria third alteration act 2010.
It is established by section 237 of the 1999 constitution as amended, headed by the president of. Legal framework for mergers and acquisitions presented by prof. It is the fundamental and organic law of a nation or state that establishes. Its jurisdiction is the highest and most important in the country. Pdf jurisdictional reform and the role of the supreme court of.
Judicial system in nigeria commonwealth governance. Its jurisdiction includes hearing appeals from decisions of the court of. The constitution guarantees the independence of the judiciary and permits the exercise of sharia law for consenting muslims. Nonappealable decisions of the national industrial court of. 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. Your use of this heinonline pdf indicates your acceptance of heinonlines terms. Once an action is caught by the limitation act, the court has no jurisdiction to entertain the matter. A critical analysis fagbemisunday department of public and international law, faculty of law, university of ibadan, ibadan, nigeria email. It began functioning in 1963 after nigeria was declared a federal republic, following the setting of a constitution which became relevant in october 1963. This brings me to the topic of this paper the role of the judiciary in the nigerian project. By olawale ajetunmobi to download the full article, click here. 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. Feb 06, 2016 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters.
On this page you can read or download constitutional development in nigeria pdf in pdf format. Nigeria need to be incorporated in nigeria simply because it wants to maintain an action in our courts. Pleadings constitute an essential aspect of civil litigation. The supreme jurisdiction of the national industrial court of. The supreme court is located in abuja, the capital of nigeria. Jurisdiction of the national industrial court of nigeria 1. Parties to a small merger may voluntarily notify the sec of the merger at any time. Civil jurisdiction of courts in nigeria the tide news. Dec 22, 2016 it was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of section 2 and section 5c of the constitution of the federal republic of nigeria third alteration act 2010. Therefore, this means that no appeal can be heard regarding matters decided and concluded by the supreme court before any other nigerian court. Third, the creation of specialized courts with exclusive jurisdiction over particular areas of the law. If the merger is approved by the sec, the parties can apply to the court nigerias federal high court for the merger to be sanctioned after which, the merger will become binding on the companies in question. Federal courts nigeria list of nigeria federal courts companies. Any lingering doubt of that fact is put to rest by the provisions of section 39 of the central bank of nigeria act, cap 47.
Pdf the supreme court of nigeria is a system under severe stress. Concurrent jurisdiction exists where two courts have simultaneous responsibility for the same case. The nation believes that with a very strong judiciary the mistakes of the other two arms of government i. Nonappealable decisions of the national industrial court. The court of appeal has the original jurisdiction to the exception of all other courts in nigeria to determine and hear any question as to whether any person has been validly voted to the office of the governor or deputy governor, the president or vicepresident in nigeria.
Aug 30, 2016 the supreme court of nigeria which is the apex court in nigeria was established in 1963 following the proclamation of the federal republic of nigeria and the then 1960 constitution which came into operation on october 1, 1963, following the abolition of section 120 which abrogated the appellate jurisdiction of the judicial committee of the. A major reason for conglomerate takeovers, or mergers is diversification of activities into other spheres of business to improve earning stability, shift from a regressing business, utilize surplus. 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. Courts and tribunals depending on the amount and whether the relevant taxlevy was imposed by a state or federal law, tax disputes in nigeria may. Area courts are creation of the states in the northern part of nigeria while customary courts are creation of the states in southern part of nigeria.
If you dont see any interesting for you, use our search form on bottom v. The arbitration and conciliation act cap a18, laws of nigeria. In this appeal it is not in dispute that the respondent, the central bank of nigeria is an agency of the federal government. The nigerian supreme court makes available pdf copies of its. Nigeria witnessed an unprecedented wave of mergers and acquisitions in its banking sector in the post1995 and 2009 periods as a result of regulatory mandates issued by the central bank of nigeria, aimed at strengthening the capital base of nigerian banks. 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. Federal courts nigeria list of nigeria federal courts.
Jurisdiction determined by plaintiffs claim it is the claim of the plaintiff that determines jurisdiction attorney general of the federation v guardian newspapers ltd 2001 fwlr pt. Contemporary structure of courts in nigeria has its history essentially located in the. The appellate jurisdiction of privy council was abolished with the cancellation of section 120. Pleadings help to define or limit with clarity and certainty. In the supreme court of nigeria on friday, the 11 day of. The court may by the order sanctioning the merger or subsequent order make provision for any or all. Okonkwo at by central bank of nigeria and west african institute for financial and economic management waifem september 17 19, 2004. Amendment of pleadings in civil proceedings, parties are generally required to file their pleadings wherein they set out the material facts in support of their respective cases. Mechanics of mergers, acquisitions, workshop, 2005 created date. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the a. Oct 03, 2014 jurisdiction of the national industrial court of nigeria 1.
Nigeria was in 146tl3 prior to colonialism, islamic law had been the. These forms of combinations are defined under the primary laws that govern business combinations in nigeria set out in question 2 as follows. Jurisdiction of the national industrial court of nigeria. History of nigerian constitutional development the. Certain language in the isa has also led to some confusion as to when an asset sale will constitute a merger and, separately, whether a merger can be concluded by any means other than through a scheme of arrangement. Its jurisdiction includes hearing appeals from decisions of the court of appeal, the second highest court, regarding any civil or criminal proceedings on questions as to the interpretation or an application of. Iclg enforcement of foreign judgments laws and regulations nigeria covers common issues in enforcement of foreign judgments laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in 35 jurisdictions. Two templates of supreme court jurisdiction reform are discussed in section i. Constitution of the federal republic of nigeria 1999.
Civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. 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. The supreme court is the most powerful court among state courts. Yadudu, colonialism and the transformation of islamic law in the northern states, 32 j. Richardson, the native and customary courts of nigeria 4 1966 and martin c.
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