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JUDICIARY OF A COUNTRY FOUNDED ON DECISION(S) OF THE WEST AFRICAN COURT OF APEPAL AND THE PRIVY COUNCIL: NIGERIAN JUDICIARY
Historical Context
The structure of the Nigerian judiciary owes its foundation to the British common law due to the country’s colonial experience under the former British Empire. After a long interregnum under unitary Military rule (e.g., 1966–1978, 1983–1999)), the 1999 Constitution solidified Nigeria’s Judiciary as one of three arms (alongside the Executive and Legislature) of governance responsible for securing justice, upholding the rule of law, and safeguarding constitutional rights within the sovereign territory. Thus the modern Nigerian Judiciary has an operational structure rooted in British common law with recognition for customary and Islamic law (Sharia) in certain parts of the country.
Structure and Courts
The Nigerian Judiciary comprises federal and state courts, with the Supreme Court as the apex court. Key courts include:
- The Supreme Court: Headed by the Chief Justice of Nigeria, it consists of up to 21 Justices. It serves as the final appellate court and has original jurisdiction in disputes between states or between the federal government and states. At least five Justices are required for regular cases, and seven for specific designated appeals or during the exercise of its original jurisdiction cases.
- Court of Appeal: Led by a President, it has a minimum of 49 Justices, including at least three experts in Islamic law and three in customary law. It requires at least three Justices per sitting and handles appeals from lower courts.
- Federal High Court: Operates nationwide with a Chief Judge and other judges, and is tasked with the handling of matters within the legislative competency of the federal Legislature known as the National Assembly.
- State High Courts: Each of Nigeria’s 36 states has a High Court, led by a Chief Judge, appointed by the state governor on the recommendation of the National Judicial Council (NJC).
- Sharia and Customary Courts of Appeal: Predominantly in northern (Sharia) and southern (Customary) states, these courts address Islamic and traditional law matters, respectively.
- Federal Capital Territory (FCT) Courts: Equivalent to state courts, these include the High Court, Sharia Court of Appeal, and Customary Court of Appeal within the Federal Capital Territory.
Role and Independence
The judiciary interprets laws, resolves disputes, and protects citizens’ civil rights and obligations, as outlined in the 1999 Constitution. It has inherent powers to ensure its institutional integrity, including the ability to review actions of the Legislature and Executive.
The National Judicial Council (NJC), chaired by the Chief Justice, is a critical body for ensuring judicial independence. Established under Section 153 of the Constitution, it advises on judicial appointments, discipline, and policy, providing a degree of insulation of the judiciary from executive influence. The NJC includes the President of the Court of Appeal, retired justices, and other judicial and legal figures.
Federal judges, including the Chief Justice and Supreme Court Justices, are appointed by the President on NJC recommendation, subject to Senate confirmation. State judges are appointed by governors, also based on NJC advice, with state assembly approval.
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