A right is worth little if you cannot enforce it, and enforcing it means knowing which court to go to. Nigeria has a settled hierarchy of courts, each with its own jurisdiction. The choice of court depends on who the parties are, what the dispute is about and whether the case is civil or criminal.
This topic covers the classification of courts, the hierarchy from the Supreme Court down to the customary and area courts, and the differences between civil and criminal law. Learn the hierarchy and the matters on the Federal High Court’s exclusive list in particular, because they are easy marks.
In 30 seconds
Courts are classified as courts of record or not, and as superior or inferior. The Supreme Court is the final court and the Court of Appeal is next. The Federal High Court has exclusive jurisdiction over federal revenue, taxation of companies, banking and insolvency, among other matters. State High Courts have unlimited jurisdiction in civil and criminal cases.
The National Industrial Court, the Sharia Court of Appeal and the Customary Court of Appeal are superior courts of coordinate rank with the High Courts. Magistrate, district, area and customary courts are inferior courts. Criminal law punishes offenders by the State, proved beyond reasonable doubt. Civil law compensates the injured party on the balance of probabilities.
Classification of courts
| Classification | Meaning |
|---|---|
| Courts of record | Keep records of their proceedings and may punish contempt committed inside or outside the court. Almost all Nigerian courts now keep records |
| Courts other than courts of record | May punish only contempt committed within the court |
| Superior courts | Courts of record with unlimited jurisdiction: the Supreme Court, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, the State High Courts, the Customary Court of Appeal, the Sharia Court of Appeal and the National Industrial Court |
| Inferior courts | Magistrate courts, district courts, area courts, juvenile courts and other lower courts created by law |
Jurisdiction is the power of a court to hear and decide a case. The hierarchy matters for two reasons: appeals go up it, and a higher court’s decision binds the courts below it on similar facts. Courts of the same level, called courts of coordinate jurisdiction, do not bind one another.
The hierarchy of courts
| Court | Position and jurisdiction |
|---|---|
| Supreme Court | The highest and final court. Its decisions bind every court below it. It is not bound by its own earlier decisions, though it usually follows them. It may depart where a decision was made per incuriam or where two earlier decisions conflict |
| Court of Appeal | Next to the Supreme Court. Bound by the Supreme Court, and by its own earlier decisions, apart from the same exceptions. It may choose between its own conflicting decisions. A person qualifies as a Justice of the Court of Appeal only after at least twelve years as a legal practitioner in Nigeria |
| Federal High Court | Established under the Constitution, with exclusive original jurisdiction over the matters below, and over certain offences under statutes such as the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC) and NDLEA Acts |
| State High Court (and the High Court of the FCT) | A court of first instance with unlimited original jurisdiction in civil and criminal cases, and appellate power over inferior courts. Civil matters include title to land and divorce under statutory marriage. Criminal matters include murder, armed robbery, rape, theft, fraud and corruption. It may impose any punishment up to death |
| National Industrial Court | Hears labour and industrial relations disputes. The National Industrial Court Act 2006 made it a superior court, so parties may go straight to it without referral by the Minister |
| Sharia Court of Appeal | Hears civil appeals involving Islamic personal law, such as marriage, succession and guardianship, from the Area Court |
| Customary Court of Appeal | Hears appeals on questions of customary law, such as inheritance and customary marriage, from the Customary Court |
| Magistrate and district courts | Inferior courts. They follow the decisions of all courts above them. A district court in the northern states is a court of civil jurisdiction sitting with a single judge, the equivalent of the civil side of a magistrate court |
| Customary courts (south) and area courts (north) | Deal mainly with customary law. State law fixes their jurisdiction and composition. Precedent does not apply to them, since they apply natural justice |
The Federal High Court’s exclusive jurisdiction
Section 250 of the Constitution gives the Federal High Court exclusive original jurisdiction over: federal government revenue; taxation of companies and persons subject to federal tax; customs and excise duties; banking, banks and other financial institutions, including actions by or against the Central Bank; admiralty; diplomatic, consular and trade representation; citizenship, naturalisation, extradition, passports and visas; bankruptcy and insolvency; aviation; arms, ammunition and explosives; drugs and poisons; weights and measures; the administration and control of the Federal Government and its agencies; and treason.
Civil law and criminal law compared
| Point | Criminal law | Civil law |
|---|---|---|
| Concern | Creates offences, which are acts or omissions punishable by statute | Protects rights and interests in dealings between people |
| Aim | To punish the offender by imprisonment, fine or both | To compensate the injured party |
| Standard of proof | Beyond reasonable doubt | Balance of probabilities |
| Time limit | None for prosecution | Limitation period, from six to twelve years, after which the claim is statute-barred |
| Who decides to take action | The State prosecutes on behalf of the victim | The injured party decides whether to sue |
| Outcome | Guilty or not guilty, conviction and sentence | Liable or not liable, with damages or an equitable order such as an injunction or specific performance |
| Parties | The State and the accused | The claimant (plaintiff) and the defendant |
Worked example: choosing the court
Scenario. A company disputes an assessment of its company income tax. Separately, an employee sues an employer for wrongful dismissal, and a landowner seeks a declaration of title to land in Ogun State. Name the court in each case.
| Dispute | Court | Reason |
|---|---|---|
| Company tax assessment | Federal High Court, or the Tax Appeal Tribunal for the appeal route under the tax law | Taxation of companies is on the Federal High Court’s exclusive list |
| Wrongful dismissal | National Industrial Court | It deals with labour and industrial relations |
| Title to land | Ogun State High Court | Title to land is within a State High Court’s civil jurisdiction |
The courts in more detail
How a case moves up: appeals
| Starts in | First appeal to | Further appeal |
|---|---|---|
| Magistrate court or district court | The State High Court | The Court of Appeal, then the Supreme Court |
| Customary court or area court | The Customary Court of Appeal, or the Sharia Court of Appeal for Islamic personal law | The Court of Appeal, then the Supreme Court |
| State High Court, Federal High Court or National Industrial Court | The Court of Appeal | The Supreme Court |
The Federal High Court’s exclusive list in plain terms
‘Exclusive’ means that only the Federal High Court may hear the case at first instance. The list is built around the federal government and federal subjects.
A dispute about federal revenue or the tax of a company, a customs duty, a dispute between two banks, a case against the Central Bank, a bankruptcy or insolvency petition, a ship case, a passport or citizenship issue, a drugs or arms case, and a claim against a federal agency all go to it.
Some statutes add offences, for example under the Economic and Financial Crimes Commission Act, the Independent Corrupt Practices Commission Act and the National Drug Law Enforcement Agency Act. A claim between two private persons over a land title or an ordinary contract is not on the list and goes to the State High Court.
Courts of record and contempt
A court of record keeps a permanent record of its proceedings and can punish contempt of court wherever it was committed, inside or outside the courtroom. A court that is not a court of record can punish only contempt committed within the court. Contempt is conduct that interferes with justice, such as disobeying a court order or disrupting a hearing.
Civil and criminal law can arise from the same event
One event can lead to both kinds of proceeding. If a driver injures a pedestrian by dangerous driving, the State may prosecute the driver in a criminal case to punish him, proving guilt beyond reasonable doubt. The pedestrian may also sue in a civil case for compensation, proving the claim on the balance of probabilities. The two cases have different parties, aims and standards of proof.
A civil claim must be brought within the limitation period, from six to twelve years under the syllabus, or it is statute-barred. A criminal prosecution has no such time limit.
Worked example: the wrong court
Scenario. John sued Femi at the Chief Magistrate Court, Yaba, Lagos, for ₦500,000 for breach of contract. He lost and has filed an appeal at the Federal High Court, Lagos. Is that the correct court?
- Identify the court of first instance. A Chief Magistrate Court is an inferior court.
- Identify the route of appeal. An appeal from a magistrate court goes to the State High Court, here the Lagos State High Court.
- Test the Federal High Court. It has exclusive jurisdiction over a list of federal matters. A private claim for breach of contract is not on it.
- Conclude. The Federal High Court is the wrong court. John should appeal to the Lagos State High Court.
Complete reference notes for this topic
The types of jurisdiction
Examiners have asked candidates to explain these terms, so learn all of them.
| Type | Meaning | Example |
|---|---|---|
| Original jurisdiction | The power of a court to hear a case for the first time, as a court of first instance | A State High Court hearing a claim on a contract at the start |
| Appellate jurisdiction | The power to review the decision of a lower court on appeal, and to confirm, vary or reverse it | The Court of Appeal hearing an appeal from a High Court |
| Limited jurisdiction | Power restricted by subject matter, by the amount in dispute or by territory | A magistrate court that may hear claims only up to a fixed sum and within its district |
| Unlimited jurisdiction | No cap on the amount or the type of civil or criminal case, within the Constitution | A State High Court |
| Concurrent jurisdiction | More than one court has power to hear the same kind of matter, so the claimant may choose | The Federal High Court and a State High Court both hear applications to enforce fundamental rights |
| Exclusive jurisdiction | Only one court may hear the matter | The Federal High Court on the matters in section 250 |
Superior courts of record
The syllabus lists eight: the Supreme Court, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, the State High Court, the Customary Court of Appeal, the Sharia Court of Appeal and the National Industrial Court. A question that asks for six or three can be answered from this list. They are courts of record with unlimited jurisdiction.
Inferior courts in more detail
- Magistrate courts and district courts must follow the decisions of all courts above them. Their decisions do not bind the customary, area and Sharia courts below them, because precedent does not apply there. Those courts apply natural justice.
- District courts exist in some states of the former Northern Region. A district court is constituted by a single judge. It is a court of civil jurisdiction only and is the equivalent, in the exercise of its civil jurisdiction, of the magistrate court in the southern states, with similar jurisdiction.
- Customary courts in the south and area courts in the north deal mainly with matters of customary law. Each state law fixes their jurisdiction, composition and procedure. In Lagos State, for example, the Attorney-General may, with the Governor’s approval, set up Grade A and Grade B customary courts, each composed of a president and two or three members. The State Judicial Service Commission appoints, dismisses and disciplines the members. A customary court has civil jurisdiction over matrimonial causes under customary law and the guardianship or custody of children under customary law. Its criminal jurisdiction covers contempt committed in the face of the court, offences against the rules and bye-laws of a local government council. Offences under an enactment that expressly gives it jurisdiction.
The jurisdiction of a State High Court in full
Under section 270 of the Constitution (and section 255 for the Federal Capital Territory) a State High Court has unlimited original jurisdiction in civil and criminal cases and also appellate jurisdiction over inferior courts. Its civil jurisdiction covers any matter that is not on the Federal High Court’s exclusive list, for example title to land, divorce under statutory marriage, contract and tort.
Its criminal jurisdiction covers offences such as murder, armed robbery, rape, stealing, fraud and corruption, and it may impose any punishment the law allows.
Questions that have been asked on this topic, and how to answer them
| Question theme | What a full answer contains |
|---|---|
| Distinguish civil law from criminal law (two to five points) | Choose points from: concern, aim, standard of proof, time limit, who initiates, parties, outcome. Always state both sides of each point |
| State the parties to a civil action and a criminal action in the High Court | Civil: the claimant (plaintiff) and the defendant. Criminal: the State, represented by the prosecutor, and the accused (defendant) |
| Explain ‘coordinate jurisdiction’ and name courts on the same level | Courts of equal rank in the hierarchy whose decisions do not bind each other but persuade. Examples: Federal High Court, State High Court, National Industrial Court, Sharia Court of Appeal, Customary Court of Appeal |
| State superior courts of record | Pick from the list of eight |
| Explain original, appellate, limited and concurrent jurisdiction | The definitions in the table with an example of each |
| Features of a District Court, or of a magistrate or customary court | The points in the section above, adding the courts it must follow |
| Matters on the Federal High Court’s exclusive list | At least six items from section 250, with the word ‘exclusive’ explained |
| Scenario: which court should hear the case, or where does an appeal lie? | Name the court of first instance, then the route of appeal, then state the reason with the rule of jurisdiction |
Common mistakes in the exam
- Saying that courts of the same level bind each other. They persuade only.
- Listing the Federal High Court’s matters without noting that they are exclusive.
- Saying inferior courts are not courts of record. Nearly all keep records now.
- Quoting the wrong standard of proof. Criminal: beyond reasonable doubt. Civil: balance of probabilities.
- Saying a civil claim can be brought at any time. It is barred after the limitation period.
- Forgetting that the State is the party in a criminal case.
Quick revision
- Superior courts: Supreme Court, Court of Appeal, Federal High Court, High Courts, Customary Court of Appeal, Sharia Court of Appeal, National Industrial Court.
- Inferior courts: magistrate, district, area, customary and juvenile courts.
- Federal High Court: revenue, company tax, customs, banking, insolvency, admiralty and the rest of section 250.
- Criminal: state against accused, punish, beyond reasonable doubt. Civil: claimant against defendant, compensate, balance of probabilities.
Practice questions
These are original questions written in the style of the Institute of Chartered Accountants of Nigeria (ICAN) exam. Try each one before you open the answer.
Section A style: multiple choice
Question 1. The power of a court to hear and decide a case is called:
- Competence
- Jurisdiction
- Authority
- Precedent
Show the answer
B.
Question 2. A matter on the exclusive jurisdiction of the Federal High Court is:
- Title to land
- Customs and excise duties
- A customary marriage
- A claim for wrongful dismissal
Show the answer
B. Title to land belongs to a State High Court and wrongful dismissal to the National Industrial Court.
Question 3. The standard of proof in a criminal case is:
- Balance of probabilities
- Beyond reasonable doubt
- Preponderance of evidence
- Prima facie proof
Show the answer
B. Options A and C are the civil standard.
Question 4. The court that hears appeals on customary law matters such as inheritance is the:
- Sharia Court of Appeal
- Customary Court of Appeal
- Court of Appeal only
- Magistrate court
Show the answer
B. The Sharia Court of Appeal deals with Islamic personal law.
Question 5. Which of the following is an inferior court?
- The Federal High Court
- The National Industrial Court
- The magistrate court
- The Court of Appeal
Show the answer
C.
Question 6. The aim of civil law is to:
- Punish the offender
- Compensate the injured party
- Imprison the defendant
- Protect the State
Show the answer
B. Punishment is the aim of criminal law.
Question 7. An appeal from a magistrate court lies to the:
- Court of Appeal directly
- State High Court
- Federal High Court
- Supreme Court directly
Show the answer
B.
Question 8. A court that can punish contempt committed inside or outside the court is a:
- Court of record
- Court that is not a court of record
- Customary court only
- Tribunal
Show the answer
A.
Question 9. A dispute between two commercial banks falls within the exclusive jurisdiction of the:
- State High Court
- Federal High Court
- Magistrate court
- National Industrial Court
Show the answer
B. Banking, including actions between banks, is on the Federal High Court’s list.
Question 10. In a criminal case the parties are:
- The claimant and the defendant
- The State and the accused
- The plaintiff and the State
- Two private persons
Show the answer
B.
Section B style: written questions
Question 11 (10 marks). State five distinctions between criminal law and civil law.
Show the marking guide
Award 2 marks for each distinction stated with both sides: concern, aim, standard of proof, time limit, who decides to take action, outcome, and parties.
Question 12 (20 marks).
(a) State six matters within the exclusive jurisdiction of the Federal High Court. (6 marks)
(b) Explain the jurisdiction of a State High Court. (6 marks)
(c) Explain how a court of coordinate jurisdiction differs from a higher court in its effect on precedent, and name three courts of coordinate jurisdiction. (8 marks)
Show the marking guide
(a) 6 marks, 1 each. Any six from the section 250 list.
(b) 6 marks. Unlimited original jurisdiction in civil and criminal cases (2). Civil examples such as title to land and divorce (2). Criminal examples and the power to impose any punishment (2).
(c) 8 marks. A higher court’s decision binds lower courts on similar facts (3). Courts of coordinate jurisdiction are on the same level, so their decisions are persuasive only (3). Three examples, such as the Federal High Court, a State High Court and the National Industrial Court (2).
A further written question
Question 13 (10 marks). Explain the jurisdiction of the National Industrial Court, the Sharia Court of Appeal and the Customary Court of Appeal.
Model answers
Show the model answer to Question 11
Criminal and civil law differ in five main ways. Concern and aim. Criminal law creates offences and aims to punish the offender by imprisonment, a fine or both. Civil law protects rights in dealings between people and aims to compensate the injured party. Standard of proof. Criminal cases must be proved beyond reasonable doubt. Civil cases are decided on the balance of probabilities.
Time limit. There is no limit for prosecuting an offence. A civil claim is barred after a limitation period of six to twelve years. Who acts. The State prosecutes on behalf of the victim. In a civil case the injured party decides whether to sue. Parties and outcome. The parties in a criminal case are the State and the accused, who is found guilty or not guilty and sentenced.
In a civil case they are the claimant and the defendant. The defendant who is found liable pays damages or is subject to an equitable order such as an injunction or specific performance.
Show the model answer to Question 12
(a) Six matters within the Federal High Court’s exclusive jurisdiction under section 250 of the Constitution:
- the revenue of the federal government
- the taxation of companies and other persons subject to federal tax
- customs and excise duties
- banking and other financial institutions, including actions by or against the Central Bank
- bankruptcy and insolvency
- admiralty matters
Others include diplomatic and consular matters, citizenship and passports, aviation, arms and explosives, drugs and poisons, weights and measures, and treason.
(b) A State High Court is a court of record established under the Constitution, with unlimited original jurisdiction in civil and criminal cases. In civil matters it hears, for example, title to land and divorce petitions under statutory marriage, and any civil matter that is not within the Federal High Court’s exclusive list.
In criminal matters it hears felonies such as murder, armed robbery, rape, theft, fraud and corruption and may impose any punishment, up to death. It also hears appeals from inferior courts such as magistrate and district courts.
(c) A court of coordinate jurisdiction is one of the same rank in the hierarchy. Its decisions are only persuasive for the others, which may follow them but need not. A higher court’s decisions bind the lower courts on similar facts.
The Federal High Court, a State High Court and the National Industrial Court are examples of courts of coordinate jurisdiction, as are the Sharia Court of Appeal and the Customary Court of Appeal. All must follow the Supreme Court and the Court of Appeal.
Show the model answer to Question 13
The National Industrial Court was set up in 1976 to settle labour and industrial relations disputes. The National Industrial Court Act 2006 made it a superior court of record, so that aggrieved parties may go to it directly without a reference by the Minister.
The Sharia Court of Appeal, provided for by sections 260 and 275 of the Constitution, hears appeals in civil proceedings that raise questions of Islamic personal law, such as marriage, succession and guardianship of infants, from the Area Court. The Customary Court of Appeal, provided for by section 280, hears appeals from the Customary Court on questions of customary law, such as inheritance and customary marriage.
All three are superior courts of coordinate rank with the High Courts.
Pathfinder on the courts, and civil and criminal proceedings
These are the ICAN Pathfinder questions that test this topic. ICAN owns the questions and the suggested solutions, so we point you to them and do not copy them. Open your Pathfinder, attempt each question under exam conditions, then check your answer against the notes above.
From the Business Law paper set under the previous syllabus. Part (a) asks for five distinctions between criminal law and civil law. Revise the comparison table.
Revise first: Civil law and criminal law compared
From the Business Law paper set under the previous syllabus. Part (a) asks for the features of a District Court. Revise the hierarchy table.
Revise first: The hierarchy of courts
From the Business Law paper set under the previous syllabus. Part (a) asks when the Supreme Court may depart from its previous decisions. Revise the Supreme Court row.
Revise first: The hierarchy of courts
Multiple-choice questions can test jurisdiction, the Federal High Court’s exclusive list and the standards of proof. Check Section A of every diet you practise for items on these points.
Revise first: Classification of courts
Source: ICAN Pathfinder, Corporate and Business Law. Diets covered: May Diet, 2022 to May Diet, 2024. Earlier diets are mapped where they fit.
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