INTRODUCTION
The High court is a Superior Court of Record with unlimited jurisdiction. It has original jurisdiction and also appellate jurisdiction over the decisions of the magistrate Courts, Juvenile courts and any other jurisdiction assigned under any other law. The Federal High courts and the State High Courts are of coordinate jurisdiction but having different spores of responsibility, both recognized under the constitution.Both, have jurisdiction over enforcement of Fundamental Human Rights, and are administered by a judge of the High Court we shall examine the High Court, the High Court of the Federal Capital Territory, and the customary court if Appeal in this unit.
The High Courts
In this section, we shall examine the Federal High Court, The High Court of the States and the High Court of Federal Capital Territory.The Federal High Court
The Federal High Court took it’s origin from the then Federal Revenue Court Established by Federal Revenue Court Act, 1973, in order to simplify the machinery of Justice in Nigeria, the Constitution Drafting Committee of the 1979 Constitution simply renamed the Federal Revenue Court as Federal High Court with its jurisdiction and powers unaltered. It was thus a court of limited jurisdiction. A complication was introduced by Decree 107 of 1993 which seems to enlarge the jurisdiction of the Federal High Court and also stated that all ‘Matters involving the Federal Government and it’s agencies must to the exclusion of any other court be determined by the Federal High Court.However, under the 1999 constitution which we now examine the position seems to have been corrected and streamlined.
CONSTITUTION AND ORGANIZATION
The Court is constituted by a Chief Judge of the Federal High Court and other Judges of the court appointed by the President, in the case of the Chief Judge on recommendation of the National Judicial Council subject to the confirmation of the Senate, while others do not need Senate confirmation, the minimum qualification of the Chief Judge and other Judges of the Court is Ten years post call as a legal practitioner.There is established in each State of the Federation a division of the Federal High Court. The court is properly constituted, if it consists of at least one Judge of the Court.
JURISDICTION
S.251 of the Constitution spell out the civil and criminal jurisdiction of the court, they include the following causes and matters.- Relating to the revenue of the Federal Government
- Taxation of companies and persons subject to Federal Taxation.
- Customs and excise duties, claims against customs service.
- Borrowing and other financial institutions actions between two banks, or Central Bank of Nigeria and matters arising out of Banking related issues and other fiscal measures, this does not include Banker/Customer disputes.
- Matters arising from the operation of Companies and Allied Matters Act and other Allied Issues.
- Copyright, patent designs trade makes and passing-off, Industrial designs and merchandise marks business names, commercial and industrial monopolies, combines and trusts standards of goods and commodities and industrial standards.
- Admiralty, supply and immigration matters inland waterways and the international waterways, Federal Ports, and consular trade representation.
- Citizenship, naturalization and aliens, deportation, extradition immigration passports and visa matters.
- Bankruptcy and insolvency
- Aviation and safety of aircraft
- Arms, ammunition and explosives
- Drugs and poisons
- Heights and measures
- The administration or the management and control of the Federal Government or any of its agencies
- Proceedings for injunction or declaration affecting the Federal Government or its agencies.
For the purpose of exercising the jurisdiction, the Federal High Court shall have all the powers of the High Court of a State. The court also has its own rules of court made by the Chief Judge under S 254 for practice and procedure in the court.
High Court of a State and High Court of Federal Capital
Territory
The High Court is at the head of the judicial system in each state and the Federal Capital territory. Its authority derives from the Constitution and the High Court Laws setting it up.
CONSTITUTION
The High Court consists of the Chief Judge of the State and each number of Judges as may be prescribed by the House of Assembly of the State. The Chief Judge is the head of the State Judiciary and he exercises administrative control over the entire system, though his judicial powers isnot greater than those of other Judges of the High Court; all of whom enjoy equal judicial power and authority. For the exercise of its original and appellate jurisdiction, a single Judge Constitutes the High Court, except in the Northern States where the court must sit with three Judges on appeals.
Each High Court also have a Chief Registrar who consists the Chief Judge in administrative matters. He is also responsible for the organization of non-judicial matters like filling of papers in court, taxing and costs, general supervision of the staff, and holidays. The appointment to the office is a stepping-stone for appointment to a Judgeship. In some States, he is also the probate Registrar, while some appoint separate Probate Registrars.
The appointment of the Chief Judge of a State is made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State; while the appointment of a Judge of the High Court is made by the Governor acting on the recommendation of National Judicial Council. The minimum qualification for appointment as a Judge of the High Court is Ten years post qualification as a legal practitioner in Nigeria.
ORGANIZATION
High Court of a State is organized on a territorial basis, the State is divided into Judicial Division of the State High Court. There is only one High Court of a State, the Judicial Division are merely created for administrative purposes. The Courts are numbered serially, while in most States, the number 1 is preserved for the Chief Judge in terms of judicial duties and functions, the judge of the High Court in Nigeria is a special person, he is an expert in all areas of law, and must adjudicate on all matters signed to him. This has created a lot of problems and it is still a recurring problem today. In England the position is entirely different, the High Court operates through three division, these are: the Queens Bench Division which handles mainly common law matters, (contract and tort) the Chancery Division with Jurisdiction over trust, property and equity cases generally and the Probate Division, Divorce and Admiralty Division.This has helped the Judge as well as the law in England, it has enabled the judges to deal with areas of their greatest interest, and naturally made them experts. This may not be very easy in Nigeria due to great distance between the judicial divisions, the number of judges and courts available and lack of communication facilities. In Lagos State, the court is now gradually being organized to enable its work be allocated between its Judges according to their special interests.
CIVIL AND CRIMINAL JURISDICTION
S 272 (1) of the Constitution states ‘subject to the provisions of this constitution, the High Court of a State shall have jurisdiction to hear and determine only civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in use or to hear and determine only criminal proceedings involving or relating to any penalty, punishment or other liability in respect of an offence committed by any person.The high Court thus have original and appellate jurisdiction in both criminal and civil proceedings. The jurisdiction of the High Court in all matters is unlimited. This means that the court is not limited by monetary limitations unlike the Magistrate Courts, and subject to those areas specifically reserve under S 251 for the Federal High Court, and other election matters which is the exclusive preserve of Election Tribunals, the High Court has jurisdiction to try form of issue or matter so far as it relates to determination or extent of a civil right.
SUPERVISORY JURISDICTION OF THE HIGH COURT
The High Court exercise supervisory jurisdiction over the lower courts to ensure not only that justice is done but is seen manifestly to have been done. A mistake as to facts or law committed by a lower court or failure to observe a fundamental rule of evidence, corruption, obvious bias, or failure to observe rule of national justice could lead to miscarriage of justice. The High Court supervises the lower courts in various ways, these are: -- Appeal
- Case Stated
- Review by means of mandamus, prohibition, certiorari and habeas corpus proceedings
- Revision through monthly returns submitted by inferior courts.
- Transfer of cases from one court to another.
The Sharia Court Of Appeal
The Constitution made provisions for Sharia Court of Appeal for the Federal Capital Territory and the State, the Constitution and jurisdiction are virtually the same.CONSTITUTION
The court is constituted by the Grand Kadi of the court and such number of kadis of the court as may be prescribed by the House of Assembly in the case of a State and National Assembly in cases of Federal Capital Territory (F.C.T).The appointment of the Grand Kadis is made by the Governor acting on the recommendation of the National Judicial Council and confirmed by the Senate. The appointment of other kadis made by the Governor on the recommendation of the National Judicial Council in case of a State while that of the F.C.T. is made by President on the recommendation of the National Judicial Council. The minimum qualification for the appointment into the office of a kadi of the Sharia Court of Appeal is ten years post – qualification as a legal practitioner and the person must have obtained a recognized qualification in Islamic Law from an institution acceptable to the National Judicial Council, or in the alternative, the person has obtained a recognized qualification in Islamic Law from an institution approved by the National Judicial Council and has held the qualification for a period of not less than two years, and (i) he either has considerable experience in the practice of Islamic Law, or (ii) he is a distinguished scholar of Islamic Law.
The implication is that the Kadi of the court need not be a lawyer provided he has attended an Islamic training institution approved by the National Judicial Council and has considerable experience, though the measure of this considerable experience is not specified. Islamic Law itself is regarded as Customary Law, or rules stated in the Koran guiding devoted Muslims. The rule itself only binds those people subject to it and no other person. Therefore, the Kadi need not be a lawyer, perse or trained under English law, and the Rules of Evidence may not be strictly applicable in such court. The only reason why this court was established under the Nigeria Constitution is to enable those states, who wish to practice Islamic Law take the option.
JURISDICTION
It is essentially an appellate court, and sits over appeals from inferior courts in civil proceedings involving questions of Islamic personal law, these include- Marriage concluded under Islamic Law, validity, dissolution of the Marriage, family relationship or guardianship of an infant.
- Succession inheritance where the deceased person is a Muslim c. Where all the parties to a dispute are all Muslims and have requested the lower court to determine their case according to Islamic Personal Law.
There is absolutely nothing under the Constitution that permits the Sharia Court of Appeal to hear or determine Islamic Criminal Law.
Three Kadis constitutes a court. The practice and procedure of the court is regulated by its practice and procedure rules made by the current Kadi of the State. In Nigeria today, the Sharia Court of Appeal exists in all the Northern States, and each Northern State has adopted the Sharia Court of Appeal Law 1960 of the Northern Region.
Customary Court of Appeal of a State and Customary
Court of Appeal of the Federal Capital Territory
The Constitution also established the Customary Court of Appeal of the State and F.C.T. The judicial head of the Court is the President of the Customary Court of Appeal and other Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly or National Assembly in case of FCT. The Provision for the establishing of the customary Court of Appeal in both FCT and the State are identical.The President of the Court is appointed by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation by the House of Assembly, while the Judges of the court are appointed by the governor of the State on the recommendation of the National Judicial Council.
The minimum qualification for appointment is ten years post-qualification as a Legal Practitioner and considerable knowledge and experience in the practice of customary law or any one who in the opinion of National Judicial Council has considerable knowledge of and experience in the practice of Customary Law.
JURISDICTION
The court exercise appellate and supervisory jurisdiction in civil proceedings involving questions of Customary Law. The court entertainsappeals from customary courts within the state, and it is properly constituted where three Judges of the court sit over an appeal.
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