INTRODUCTION TO CIVIL LITIGATION

SCOPE OF CIVIL LITIGATION

It is an Adjectival Law and it is comprised of:

1. The procedural aspect, and
2. Evidential aspect.

DISPUTE RESOLUTION MECHANISMS

1. Litigation
2. Mini trial
3. Private judging
4. Early neutral evaluation
5. Arbitration
6. Conciliation
7. Negotiation
8. Mediation
9. Hybrids-Med – Arb, Arb – Med, Arb-Lit, Con-Lit
10. Facilitation

TYPES
NEGOTIATION: This is a bargaining relationship between parties in an effort to reach an agreement. It is a voluntary process and parties have total control over the processes.
MEDIATION: This involves a neutral third party who facilitates a negotiation between two disputing parties to reach an agreement. This ADR method is usually chosen where there is a need to preserve a relationship e.g. in family matters.
CONCILIATION: This also involves a neutral third party. He merely suggests solutions to the parties. The suggestions of a conciliator are not binding on the parties.
ARBITRATION: This is a method of setting dispute through an impartial third party or parties called Arbitrator. The Award is binding on the parties when they agree to that. Section 5 Arbitration Act This provides for stay of proceeding in court where there is an arbitration clause in an agreement.
AIMS OF ADR

1. To reduce delays, cost and court’s congestion.
2. Enhances community participation in the dispute resolution process
3. Facilitate access to justice
4. To provide more effective means of dispute resolution

Advantages of ADR are as follows:

1. It saves time
2. Saves relative cost (but this may not be true of Arbitration)
3. Promotion of good cordial relationship
4. It is litigant friendly as no much legal technicalities are needed
5. De-congests the Court of cases
6. Promotion of confidentiality of parties matters
7. Promotes community or parties participation in the dispute Resolution process
8. Enforcement of Resolution by the parties is easier
9. It encourages the use of experts on an aspect of Law, e.g. admiralty, etc unlike the Courts
10. The parties have absolute control over the proceedings without adhering to strict legal rules

Disadvantages of ADR

1. Parties can easily re-open the matter except in Arbitration
2. Does not create precedents
3. It does not generate revenue for the State
4. Its application is limited in some cases
5. Decisions are not binding on the parties like judicial judgments

Limitations of ADR
ADR mechanisms are not applicable to the following matters:

1. Election petition
2. Divorce or nullity of marriage as regards to declaration of status
3. Capital offences which are not compoundable
4. Injunction restraining an immediate act
5. Interpretation of statutes or the Constitution.
6. Enforcement of fundamental rights
7. Declaration of rights

Sources of Civil Litigation Law

1. Rules of the Courts, e.g. (Supreme Court Rules; Court of Appeal Rules; Federal High Court Rules, High Court Rules, High Court of Lagos (Civil Procedure) Rules 2012) - Each court has its own set of rules which are usually made by the authorities prescribed by the statutes or law establishing the court
2. Constitution of the FRN, 1999. The constitution is the enabling law for some of the procedural rules of court e.g. the Fundamental Right (Enforcement Procedure) Rules 2009, which was made by the Chief Justice of Nigeria.
3. Various Legislations on Courts (Supreme Court Act, Court of Appeal Act, Federal High Court Act, High Court Act, etc). Statutes Creating Courts: Section 8(2) Court of Appeal Act confers power on the appropriate authority to make rules for the C. of A; Section 7 of the Supreme Court Act; and section 25 of C. of A. Act provides for filing of notice of appeal.
4. Decisions of Superior Courts on procedureg. Kotoye v CBN; Craig v Craig
5. Practice Direction made under the Rules of Court. This is a direction given by an appropriate authority. It is not an enactment thus have no force of law EXCEPT election matters.
6. Other special statutes touching on civil procedure. There are provisions in other statutes that deal with procedure in some specific matters not conversely provided by the various rules of court. Examples of such statutes are:

• The Sheriffs and Civil Process Act/Law and the Judgment (Enforcement) Rules
• The Evidence Act 2011,
• The Admiralty Jurisdiction Act 1991 Cap A5 LFN 2004
• Matrimonial Causes Act and Rules
• Electoral Act and rules
• Foreign judgment (reciprocal enforcement) Act 1961 Cap F35 LFN.
• Companies and Allied Matters Act Cap C20 LFN.
• Companies winding up rules 2001
• Companies proceedings rules 1992 (as amended)

7          SOGA

CONFLICT BETWEEN VARIOUS SOURCES OF LAW

• Conflict between CFRN and ANY OTHER LAW-CONSTITUTION PREVAILS-1(3) CFRN 1999
• Procedural provisions in statutes take precedence over rules of courts
• Where there is a conflict between a practice direction and a rule, the rule of court prevails -UNILAG V. AIGORO

OPTION OPEN TO THE COURT WHEN THERE IS A LACUNA IN RULES OF COURT
The court can adopt any procedure that will ensure substantial justice btw the parties concerned-Section 1(2) High Court of the FCT, Abuja Civil Procedure Rules 2004 Order 1 Rule 1(3) High Court of Lagos State (Civil Procedure) Rules 2012

THE AIM OF RULES OF COURT  

1. To achieve order and speed in the dispensation of justice:
2. To guide litigants’ steps from commencement to judgment
3. To reduce time and cost of litigation

SCOPE AND APPLICATION OF RULES OF COURT

1. Regulates matters of practice and procedure
2. Regulates conduct of various civil proceedings and modes of commencement
3. Regulates modes of instituting civil proceedings and conduct of interlocutory applications
4. Regulates enforcement of orders and judgment

TABLE OF VARIOUS RULES OF COURTS AND ENABLING SECTIONS

Court	Rules	Sources	Enabling Section
1.      Supreme Court	Supreme Court Rules 1985	CJN	S. 23
2.      Court of Appeal	Court of Appeal Rules 2011	President CA	S. 245
3.      High Court	HCCPR of Lagos 2012	Chief Judge Lagos	S. 274
4.      High Court FCT	HCCPR of Abuja 2004	CJ FCT High Court	S. 25
5.      Federal High Court	Federal High Court Rules 2009	Chief Judge FHC	S. 254
6.      N.I.C.N	N.I.C.N Rules 2007	President NICN	S. 254
7.      Customary Ct of A	Customary Court of Appeal Rules	President CCA	S. 284
8.      CCA FCT	Customary Court of Appeal Rules of FCT	President CCA FCT	S. 269
9.      Sharia Court of Appeal	Sharia Court of Appeal Rules	Grand Kadi SCA	S. 279
10.  SCA FCT	Sharia Court of Appeal FCT Rules	Grand Kadi FCT SCA	S. 264
11.  Magistrate Court	Magistrate Court Rules Lagos 2009	CJ . Lagos High Court
12.  District Court	District Court Rules FCT 1990	(J. FCT High Court)
13.  Customary Court	Customary Court Rules	(J High Court)	Area Court
14.  AREA COURT	Area Court Act Amendment 2010	Grand Kadi	S. 490

Sources of Law generally are:

1. Nigerian Legislations
2. Nigerian case Law
3. Received English Law
4. Customary Law
5. Islamic Law

Hierarchy of Courts

1. Supreme Court
2. Court of Appeal
3. Federal High Court, High Court of the States and the FCT, Sharia Court of Appeal, Customary Court of Appeal, National Industrial Court
4. Magistrate Court, Upper Area Court
5. Area Court Grades, Sharia Court and Customary Courts

Jurisdiction of the Courts
Jurisdiction is the power of a Court to decide or sit over a matter, which is fundamental. See MADUKOLU V. NKEMDILIM
Lack of it could be raised at any time in trial, and the trial no matter how well conducted will be a nullity: ANIH V. NNA 
CONDITIONS FOR EXERCISE OF JURISDICTION BY A COURT

1. The Court must be properly constituted (this is with respect to the number of Judges sitting and their qualification).
2. The subject matter of the case must be within the jurisdiction of the court.
3. The matter must have come to the court initiated by due process.

MADUKOLU v. NKEMDILIM (SC)

WHEN CAN JURISDICTION BE RAISED?

• This depends on the type of jurisdiction-SUBSTANTIVE JURISDICTION could be raised at any time even on appeal at the Supreme Court. While PROCEDURAL JURISDICTION must be raised timeously and contained in the PLEADINGS OTHERWISE they are DEEMED WAIVED and cannot be raised on appeal.

Types of Jurisdiction
It may be:

1. Substantive jurisdiction. This is statutorily provided for and it is divided into:
2. Subject-matter
3. Territorial jurisdiction

These could be raised at any time even on appeal at the Supreme Court

2. Procedural jurisdiction, e.g. pre-action notices, matters statute-barred or res judicata (finality of judgment). Any of these must be raised timeously and contained in the pleadings otherwise they are deemed waived and cannot be raised on appeal.

FACTORS DETERMINING JURISDICTION OF A COURT

1. Nature and subject matter of dispute
2. Parties
3. Mode of commencement of action
4. Geographical area
5. Presence of any legal requirements or condition precedents
6. Constitutional provision

TERRITORIAL JURISDICTION OF Federal High Ct AND State High Ct
NB=> The Federal High Court is only one. It has one jurisdiction but with various divisions. For administrative convenience, parties are advised to institute actions in divisions where the contract took place or where the subject – matter is situated. ABIOLA V. FRN IBORI V FRN

NB =>The State High Court has one territorial jurisdiction i.e. one SHC in each state. However, there may be various divisions of the SHC in a state. For administrative convenience parties are advised to institute their actions in the divisions where the cause of action arose.

CASES INSTITUTED IN WRONG JUDICIAL DIVISIONS MAY BE TRANSFERRED Order 9 Rule 6(HCCPR ABJ); Order 2 Rule 5(HCPR -LAGOS) – can be transferred unless the Chief Judge directs otherwise.


Supreme Court

• Composition: it is composed of the Chief Justice of Nigeria and not more than 21 Justices, as may be prescribed by an Act of the National Assembly: 230 (2) CFRN 1999.
• Constitution: at least 5 justices on Appeals from the Court of Appeal while not less than 7 Justices will sit on the following matters (Original jurisdiction):

1. Disputes between the Federation and a State or between two States: s232(1) CFRN
2. Disputes between the National Assembly and the President

Also 7 Justices
C    For appeals on Fundamental Human rights and
d    Interpretation or application of the Constitution
By S. 1 of the Supreme Court (Additional Original Jurisdiction) Act 2002 and S. 233(2) of the 1999 Constitution (the latter allows the National Assembly to confer additional original jurisdiction on the Supreme CT by an Act) as amended three additional exclusive jurisdictions has been conferred.

1. Dispute between the National Assembly and a State of the Federation in so far as the dispute involves any question whether of law or fact non which the existence or extent of a legal right depends
2. The National Assembly and any State House of Assembly
3. Dispute between the National Assembly and the President

Parties in the suit shall be:

• National Assembly
• Speaker of the House of Assembly (in a suit involving State House of Assembly) 3 Supreme Court Additional Jurisdiction Act, 2002.

However, one justice can deliver its judgment - S. 294(4) of the 1999 Constitution as amended.

• Qualification for appointment as a Justice of the Court: 15 years post call experience - 231(3) of the 1999 Constitution as amended.
• Appointment: It is done by the President on the recommendation of the National Judicial Council (NJC) and all such appointment is subject to confirmation by the Senate - S. 231(1) & (2) of the 1999 Constitution
• Appellate Jurisdiction: Exclusive appellate jurisdiction over appeals from the Court of Appeal. Appeals to the Supreme Court could be as of right or with leave. Its decision is final and not appealable. It is the apex Court in Nigeria - 235 of the 1999 Constitution as amended.
• Removal of Justices of the Court: the CJN is removed by the President on an address supported by two-third majority of the Senate. Other Justices of the Court are removed by the President on the recommendation of the NJC - 292 of the 1999 Constitution as amended.
• Section 291(1): A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the age of sixty-five years and he shall cease to hold office when he attains the age of seventy years.

CONDITIONS FOR INVOKING ORIGINAL JURISDICTION OF THE SUPREME COURT

1. Must be brought by the ATTORNEY GENERAL of the state or federation-20 Supreme Ct Act
2. Subject matter of dispute must be one where State government /Federal government are direct beneficiaries-AGF V. AG IMO; PLATEAU STATE V. AGF.
3. Must pertain to existence of a legal right

LIMITATIONS/QUALIFICATIONS

• LGAs/ INEC cannot be joined or bring action- AG ONDO V AGF.

The Court of Appeal: See S. 237 of the 1999 Constitution as amended.

• Composition: Composed of the President but not less than 49 and 3 to be learned in customary law and 3 learned in Islamic personal law: s237(1)
• Qualification for Appointment: Not less than 12 years post-call experience:

1. 238(3) of the 1999 Constitution as amended.

• Appointment: It is done by the President on the recommendation of the National Judicial Council (NJC): s238(2) while only the President of the Court’s appointment is subject to confirmation by the Senate: s238(1)
• Constitution: At least 3 Justices sit on a matter: 239(2) of the 1999 Constitution as amended.
• Original Exclusive Jurisdiction: s239(1)

1. It has jurisdiction to determine if a person has been validly elected to the office of the President or Vice President
2. whether his term of office has ceased
3. The office of President or Vice President has become vacant.

• Exclusive Appellate Jurisdiction: It has exclusive appellate jurisdiction on decisions from the Federal High Court, High Court of the States and the FCT, Sharia Court of Appeal, Customary Court of Appeal, National Industrial Court, Code of conduct Bureau, Court Martial and the National and State Houses of Assembly Election Tribunals - S. 240 of the 1999 Constitution as amended.
• Final Decisions of the Court of Appeal:

1. Decisions on appeals from the National and State Houses of Assembly Election Tribunal are final - 246(3) of the 1999 Constitution
2. Decisions on appeals from the National Industrial Court of Nigeria are final in (s243(4))

Removal: see S. 292(1) of the 1999 Constitution as amended: President of the CT of Appeal is by the President acting on an address supported by two-third majority of the Senate. For other Justices, removal is by the President acting on the recommendation of the NJC

Federal High Court Established in S. 249 of the 1999 Constitution as Amended.

• Composition: It is composed of the Chief Judge and such other number of Judges as prescribed by the Act of the National Assembly – s249(1)
• Constitution: At least one judge can sit on a matter - 253 of the 1999 Constitution as amended.
• Qualification for Appointment: At least 10 years post-call experience -S. 250 (3) of the 1999 Constitution as amended.
• Appointment: It is done by the President on the recommendation of the National Judicial Council (NJC) while only the Chief Judge’s appointment is subject to confirmation by the Senate. See 250(1)&(2) of the 1999 Constitution as amended.

1. Original Exclusive Jurisdiction: s251 It has an exclusive jurisdiction to sit on the following matters to wit; revenue of the Government/any of its agencies; taxation of companies and persons subject to Federal taxation; customs and excise; banks and banking matters; matters arising from the management of the Companies and Allied-Matters Act; any Federal enactment relating to copyright; admiralty/shipping; diplomatic and trade representation; citizenship and aliens/extradition; bankruptcy and insolvency; aviation/safety of aircraft; arms and ammunition; drugs and poisons; mines and minerals; weights and measures; administration or the management and control of the Federal Government or any of its agencies; subject to the provisions of the Constitution, the operation and interpretation of the Constitutions in so far as it affect the Federal government or any of its agencies; any action for declaration or injunction affecting the validity of any executive or administrative action/decision of FG or any of its agencies; and any other matter conferred upon it by an Act of the National Assembly, Whether a term of office or a seat of a member of the Senate or House of Representatives has ceased or his seat has become vacant

The Problem of Jurisdiction Between the Federal High Court and the States High Courts.
Sometimes, some cause of actions are wrongly instituted at the States High Courts because the Court usually has an unlimited jurisdiction on civil matters but with the establishment of the a Federal High Court conferred with Exclusive Original Jurisdiction, one have to be careful to institute an action in the right Court looking at both the subject matter and the party involved. There are plethora of cases in which the apex and appeal Courts has handed down decisions to clear the point on whether the Federal High Court (FHC) or the State’s High Court (HC) has the jurisdiction to entertain a particular matter.

• Enforcement of fundamental rights: In TUKUR V. GOVERNMENT OF GONGOLA STATE [1989], Supreme Ct held that the Federal High CT had no jurisdiction to enforce fundamental rights over chieftaincy matters and it was a matter for the State High Ct. However, in GRACE JACK V. University of Agriculture Makurdi [2004], the Supreme CT held that both the FHC and the HC has concurrent jurisdiction. Since the latter Supreme CT case didn’t refer to the Tukur case without reference to the earlier case so the current position is unclear
• Banker-customer relationship both the Federal High Court and the High Courts of the States will have jurisdiction under the proviso to S. 251(1)(d) of the 1999 Constitution. See FEDERAL MORTGAGE BANK V. NDIC [1999] and NDIC v Okem Enterprises [2004].
• Interpretation or application of the Constitution can be heard by both courts. S.295 (1) of the 1999 Constitution.
• If customer sues for NEGLIGENCE- FHC&SHC both have jurisdiction- SGB V.DELLUCH
• Bank and another bank in an Ordinary Banker customer relationshipg. one bank depositing money in another bank, then both the FHC and SHC have jurisdiction.-FMBN v. NDIC [1999]
• In an action between a bank and another bank and it is not an ordinary banker customer relationship, the FHC WILL HAVE EXCLUSIVE JURISDICTION
• Where there are issues of BANKING POLICIES AND FISCAL MEASURE, FHC has executive jurisdiction. SOCIETE-GENERAL BANK V. DELLUCH
• NON CUSTOMER of bank suing for negligence –FHC has jurisdiction
• In simple contracts between a Federal Government agency and an individual, the State High Courts alone will have jurisdiction to try the matter. See ONUORAH V. KRPC Ltd [2005] but this is incompatible with earlier decision in NEPA v Edegbenro [2002]

• ACTIONS AGAINST FEDERAL GOVERNMENT OR ANY FG AGENCIES

OLD POSITION-
Once it is a matter involving the Federal Government or any of its agencies then the FHC has exclusive jurisdiction. NEPA V. EDEGBENRO [2002] OLUTOLA V. UNIILORIN
NEW POSITION
However, the subject matter and the parties involved will determine the proper Court to approach.  TUKUR V. GOVERNMENT OF GONGOLA STATE.
In SIMPLE CONTRACTS between a Federal Government agency and an individual, the State High Courts alone will have jurisdiction to try the matter. ONUORAH V. KRPC; NKUMA V. ODILI; ADELEKAN V. ECU LINE NV
NOTE THE FOLLOWING DECISIONS-

• National Union of Electricity Employees v. BPE (2010) –

The parties and the subject - matter must be examined against the background of S. 251 to determine whether the FHC or the SHC has jurisdiction. OSAKUE V. FCE ASABA-
When there is a conflict between decisions of a superior court the lower court should follow the later decision. Thus, this decision has validated the decision in ONUOHA V. KRPC.

• It is only the constitution that can remove the jurisdiction of the State High Court. An Act of the National Assembly cannot remove the jurisdiction of SHC.
• Therefore, the provisions of the Public Procurement Act vesting in the FHC cases arising from contract involving a government agency only confers jurisdiction on
• the Federal High Court but does not remove jurisdiction of the SHC

Transfer of Cases to the States/ FCT High Courts by the Federal High Court
This will occur when a matter is wrongly instituted at the Federal High Court which lacked the jurisdiction to entertain it. The only thing the Federal High Court will do is to transfer the case to the State High Courts and not to strike it out. See S. 22 of the Federal High Court Act, FASAKIN FOODS LTD V. SHOSANYA and AMC LTD V. NPA. Mokelu v. Federal Commissioner for Works and Housing. Inah V. Ukoi

Note that States or High Courts of FCT cannot transfer a matter, which it lacked jurisdiction to try to the Federal High Court.

The Effect of Striking Out Order and an Order of Dismissal by the Courts
If a matter is stroke out, it means it can be relisted if the grounds for which the Order was made have been remedied. Conversely, a case is dismissed after its hearing and the Court holds that it discloses no cause of action. The case when dismissed cannot be re-listed otherwise it becomes an abuse of Court process.

State High Court and the High Courts of the FCT
They are established by S. 270 and S. 255 of the 1999 Constitution as amended respectively.

• Appointment: The Chief Judge and other Judges of the High Courts of the States are appointed by the Governor on the recommendation of the National Judicial Council while the Chief Judge’s appointment is subject to confirmation of the House of Assembly. See S. 271(1)&(2) of the 1999 Constitution as amended.
• While the appointment of the Chief Judge and other Judges of the FCT High Court is done by the President on the recommendation of the National Judicial Council and the Chief Judge’s appointment is subject to the confirmation of the Senate. See 256(1)&(2) of the 1999 Constitution as amended.
• Qualification: At least 10 years post call experience. See S. 271(3) of the 1999 Constitution as amended.
• Constitution: At least one judge can sit over a matter. See S. 273 of the 1999 Constitution as amended.
• Jurisdiction of the State High Courts. Is provided under s.272 of the 1999 Constitution. Can assume jurisdiction over any civil proceeding, however limited by s. 251 and 254 of the Constitution which deals with exclusive jurisdiction of the Federal High Court
• Appellate Jurisdiction of the High Court. Have appellate jurisdiction over decisions of Magistrate Courts, Area Courts, Customary Courts

National Industrial Court
It is recognised as a superior Court of Record pursuant to S.6 (altering S. 254’CC’) of the Third Alteration Act 2010 to the 1999 Constitution and the National Industrial Court Act 2004.

• Composition: It is composed of a President and other number of Judges to be determined by the Act of the National Assembly – s254A
• Constitution: At least one judge can sit over a matter or not more than 3 Judges as directed by the President of the Court. (254E) of the Third Alteration Act 2010 to the Constitution.
• Appointment: The appointment of the President and other Judges of the Court is done by the President on the recommendation of the National Judicial Council and the President’s appointment is subject to the confirmation of the Senate. 254B(1) &(2) of the Third Alteration Act 2010 to the 1999 Constitution.
• Qualification for Appointment: A Lawyer with at least 10 years post call experience and has considerable knowledge in the law and practice of industrial relations/employment conditions in Nigeria. Section 254B (3) of the Third Alteration Act 2010 to the 1999 Constitution as amended.
• Jurisdiction: It has exclusive jurisdiction in civil causes and matters to try the following matters notwithstanding the provisions of sections 251, 257 and 272 of the 1999 Constitution as amended:

1. Related to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace like conditions of service, health, safety etc
2. Relating to or arising from Factories Act, Trade Dispute Act, Trade Unions Act, Labour Act, Employees’ Compensation Act and any Law or Act relating to labour/employment etc
3. Relating to the grant of any Order restraining any person or body from taking part in any strike, lock-out or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out or any industrial action
4. Relating to any dispute over the interpretation and application of the provisions of Chapter IV of the Constitution in relation to employment, labour, industrial relations, trade unionism, employer’s association or any matter which the Court has jurisdiction to hear
5. Relating to any dispute arising from national minimum wage for the Federation or any part thereof and matters connected therewith
6. Relating to unfair labour practice or international best practices in labour, employment and industrial relations matters
7. Relating to any dispute arising from discrimination or sexual harassment at workplace
8. Relating to the application or interpretation of international labour standards
9. Connected with child labour, child abuse, human trafficking or any matter related hereto
10. Relating to the determination of any question as to the interpretation and application of any collective agreement, award/judgment of the Court, term of settlement of any trade dispute, award or order made by an arbitral tribunal in respect of trade dispute, trade union dispute or employment dispute as may be recorded in a memorandum of settlement, trade union/ Constitution, dispute relating to any personnel matter arising from any free trade zone in the Federation or any part thereof etc
11. Relating to the payment or non-payment of salaries, wages, pensions, gratuities, allowances, benefits and any other entitlement of an employee, worker, political or public office holder, judicial officer or any civil or public servant in any part of the Federation and matters incidental thereto
12. Relating to appeals from decisions of the Registrar of Trade Unions, or matters connected to, appeals from decisions or recommendations of any administrative body or Commission of enquiry arising from employment, labour, trade unions or industrial relations;
13. Relating to or connected with the registration of collective agreements; and
14. Such other jurisdiction, civil or criminal and whether to the exclusion of any other Court or not as may be conferred upon it by an Act of the National Assembly.Section 254C of the Third Alteration Act 2010 to the 1999 Constitution.

Magistrate Courts
It is established by the State Laws. In the North, they are known as District Courts in the exercise of their civil jurisdictions. Magistrates are usually appointed by the State Judicial Service Commissions.
In Lagos, there are no grades of Magistrate Courts but the limit of damages or monetary claim that the Court has jurisdiction to impose/award is N10 million. The constitution of the Court is one.
Jurisdiction of Magistrate Court in Lagos
By s.28 of the Magistrate Court Law 2009 of Lagos State, vest civil jurisdiction over:

1. all personal actions arising from contract, tort, or both, where the debt or damages claimed, whether as a balance of account or otherwise is not more than ten million, 10,000,000.00 at the time of filling
2. All actions between landlord and tenant for possession of any land, agricultural, residential or business premises or house claimed under agreement or refused to be delivered up, where the annual rental value does not exceed ten million at the time of filling provided that, in all actions, the claimant may in addition, claim arrears of rent and mesne profits irrespective of the fact that the total claim exceed ten million naira
3. Appointment of guardian ad litem and to make orders, issues and give directions relating to their appointment; and grant of injunctions or orders to stay, waste or alienate or for the detention and preservation of any property, the subject of such action or to restrain breaches of contractor tort, and to handle appeals from the Customary Court
4. Actions of recovery of penalties, charges, rates, taxes, expenses, cost of enforcement of statutory provisions, contributions or other like demands, which may be recoverable by virtue of any existing law

TRANSFER OF CASES-can transfer cases between magisterial district with consent of magistrate.-S.32 MCL OR by ORDER &SEAL OF THE CJ OF THE STATE AT ANY TIME BEFORE JUDGMENT-S.34 MCL

JURISDICTION OF DISTRICT COURTS IN FCT-

COURT	OLD POSITION	NEW POSITION
CHIEF DISTRICT JUDGE 1	250 000	5,000,000.00
CHIEF DISTRICT JUDGE II	200 000	4,000,000
SENIOR DISTRICT JUDGE 1	180 000	3,000,000
SENIOR DISTRICT JUDGE II	100 000	2,000,000
DISTRICT JUDGE I	50 000	1,000,000
DISTRICT JUDGE TWO	20 000

OLD POSITION- S.13&14 FCT (DISTRICT COURTS ACT)
Recovery of premises; personal actions in tort and contract; recovery/imposition of penalties
MINISTER MADE AN ORDER TITLED-  THE DISTRICT COURTS(INCREASE OF JURISDICTION OF DISTRICT JUDGES ) ORDER 2014

Sharia Courts of Appeal
In the Federal Capital Territory, FCT, it is compulsory to have it but for other States of the Federation it can be established by any State that requires it. See S. 275 and s260 of the 1999 Constitution as amended.

• Composition: It is composed by the Grand Kadi and other Kadis as may be prescribed by the House of Assembly of the States or the National Assembly if it relates to the FCT. See 275 (2) (b) & s260(2)(b) of the 1999 Constitution as amended respectively
• Qualification and appointment: It is either a legal practitioner with 10 years post-call experience with a recognised certificate in Islamic Law OR a non-lawyer who is an Islamic scholar from an approved institution with an experience of not less than 12 years. See S.276 (3) & s261 (3) of the 1999 Constitution as amended.
• Jurisdiction:is limited to ILPS relating to the validity or dissolution of marriage, family relationship & guardianship of an infant or waqf, gift Will & succession or regarding an infant, prodigal or person of unsound mind and maintenance of a person who is physically or mentally infirm.
• It only has appellate jurisdiction from lower Courts (e.g. Area/Sharia Courts) on Islamic personal Law. See S.277 & 262 of the 1999 Constitution as amended.
• Constitution: It is presided by at least 3 Kadis. See S. 278 & s263 of the 1999 Constitution as amended.

Customary Court of Appeal of the FCT and the States
In the Federal Capital Territory, FCT, it is compulsory to have it but for other States of the Federation it can be established by any State that requires it. See S. 280 & s265 of the 1999 Constitution as amended.

• Composition: It is composed by the President and other Judges. See S. 280 (2) & s265(2) of the 1999 Constitution as amended.
• Qualification, Appointment and Removal: Apply that of the FCT High Court for the Customary Court of Appeal of the FCT while that of the State High Courts for the ones in the States – s281(1) &(2), s266(1)&(2)
• Constitution: By at least 3 Judges of the Court. See S. 283 & s268 of the 1999 Constitution as amended.
• Jurisdiction: It has appellate and supervisory jurisdiction on civil matters involving questions of customary Law. See S. 282 & s267 of the 1999 Constitution as amended.

Election Tribunals, see S. 285 of the 1999 Constitution as amended.

Types of Election Tribunals are:

1. The Court of Appeal: It sits only on Presidential election in its original jurisdiction. See S. 239(1) of the 1999 Constitution as amended
2. The National and State Houses of Assembly Election Petition Tribunals: It sits on petitions from the States and Federal Legislative Houses elections.
3. Governorship Election Tribunal: It sits on petitions arising from gubernatorial elections of the States.
4. Appointment: The Chairman and 2 other Members of the Tribunals are appointed by the President of the Court of Appeal in consultation with the Heads of the Courts of a State.
5. Qualifications: It is either a Judge of the High Court, Customary Court or at least a Chief Magistrate. See the Sixth Schedule to the 1999 Constitution as amended.
6. Composition: it is composed of a Chairman and two (2) members. See the Sixth Schedule to the 2nd Alteration Act of the 1999 Constitution as amended.
7. Constitution: it is composed of a Chairman and two (2) members.
8. Quorum: a Chairman and one (1) member: s285(4)
9. Removal: by the President of the Court of Appeal.

NB: The time for the presentation of election petition is within 21 days after the declaration of results (s285(5)).  Judgment of the Tribunal is to be given within 180 days of the filing of the Petition (s285(6)). Appeals arising from election Tribunals are to be dealt with within 60 days of the delivery of the judgment (s285(7)).

The Federal High Court now has original jurisdiction on:

1. Pre-election or party matters; and
2. To decide whether the term of office or a seat of a member of the Senate or House of Representative has ceased or become vacant. See S. 27 of the First Alteration Act 2011 to the 1999 Constitution and s251(4) respectively

QUESTION ASKED IN CLASS
Recently the House of Assembly of Ekiti State impeached the Governor. This led to a power tussle between the Deputy Governor and the Speaker of the State House of Assembly on who will succeed the Governor.
In view of the chaos, the Executive President GCFR declared a state of Emergency in the State. Thereafter, a military administrator was appointed to take charge of the state. The EFCC also declared the Governor wanted on grounds of misappropriation of State Funds.

The Governor is aggrieved and wishes to seek redress. He has approached you.

1. If he wants to sue the State House of Assembly for a declaration that his impeachment and removal is unlawful and unconstitutional, which court should go The State High Court -S. 272 CFRN
2. Assuming the Attorney General of Ekiti wants to institute an action against the Federal Government seeking a declaration that the proclamation of the State of Emergency is inconsistent with the constitution thus null. Which ct? The Supreme Court S. 232.
3. If the National Assembly wants to institute an action against Ekiti State House of Assembly on the grounds that the panel which removed the Governor was not duly constituted. The Supreme Court
4. Assuming the court wants to challenge the validity of the election of a member of the State House of Assembly, which court There is a Governorship Election Petition Tribunal and a National and State House of Assembly Election Petition Tribunal              The Governor should go to the latter.
5. What would be the composition of the court in 1 => 1 Judge?

What would be the composition of the court in 2 => 7 Judges?
What would be the composition of the court in 3 => 7 Judges because it is a constitution?
What would be the composition of the court in 4 => 3 i.e. chairman and two members.

6. Assuming the Governor wants to institute an action against the EFCC to restrain them from arresting him. Federal High Court.
7. Where the State High Court sat two instead of one, is this invalid or unconstitutional.

• This is because the CFRN prescribed at least one judge

Also in some states when sitting an appeal, the SHC sits with 2 judge