National Legal System in Nigeria

Obilade notes in the manual “The Nigerian Legal System” that the lack of internal supervision and control in the Southern Protectorate weakened the national judicial system, while the leaders of the Northern Protectorate, who participated in the appointment of members of the national courts, increased the efficiency of the system. The history of legal education is divided into phases The Court of Appeal is primarily a court of appeal, but has first-instance jurisdiction over petitions relating to presidential and vice-presidential elections. The Federal Court of Appeal is where Nigeria`s different legal systems (English, custom and Sharia) converge. It is constitutionally necessary to have at least three judges who know customary law and at least three judges who know Islamic personal law. In 1886, Lagos was seized as part of the Gold Coast colony and the colony and protectorate of Lagos had its own Supreme Court with provisions similar to those of the decree of 1876. Meanwhile, the Indigenous justice system has flourished. Although it is limited to cases involving natives, some of whom have adopted the English way of life. It should be noted that the pre-merger judicial experience in northern and southern Nigeria is similar to that described above. A major difference, however, was that proclamations were introduced to establish English courts to make laws, while national laws were administered by national courts established by separate proclamations.

Thus, English and national laws were administered by English courts of first instance under English law, unlike the Lagos system, where the indigenous system remained largely unchanged by the English system. After the amalgamation of the colony and protectorate of Lagos, which became the colony of southern Nigeria in 1906, the Aboriginal judicial system was extended to Lagos due to the Aboriginal Court Order of 1906. It should be noted that national courts have both civil and criminal jurisdiction. (11) Secretary of the Council, who is a lawyer appointed by the National Council of Justice on the recommendation of the Federal Judicial Service Commission Prior to colonization in many parts of Africa, traditional society had its own judicial system that is responsible for the administration of justice in that society. Nevertheless, the entry of European economic actors into society has led to the development of a judicial system that has laid the foundations for the future of contemporary jurisprudence in African societies. For example, in the 19th century, before the annexation of Lagos in 1861, the various societies that today make up Nigeria and other African countries operated their own political system with their own method of administering justice. There are traditional “courts” in which traditional rules are applied against the parties, whether indigenous or foreign. A lawyer can only exercise this right, i.e. the right to representation and hearing, as long as he is available and not if he is suspended or suspended for one reason or another, he ceases to be a lawyer and conducts his case personally only like any other member of the public.

In such circumstances, he does not have the right to be heard or the right to represent a co-defendant/plaintiff in a legal action. See Fawehinmi v. N.B.A (1989) 2 N.S.C.C., 1 or (No.1) 1989 2 NWLR Pt 105 @ 494. Atake v. Afejukwu (1994) 12 SCNJ1OR (1994)9 NWR p.368 @379, where it was decided that the thesis that a lawyer who personally conducts his case acts as a lawyer is misunderstood. The lawyer earns his living by representing litigants in court. It also gives legal advice on matters referred to it by lawyers. A lawyer is appointed by the lawyer in one case, he has no direct contact with the litigant belonging to a law firm for a period of at least 4 years. The degree of studies was WASSCE. During the article as a lawyer, you must pass Part I of lawyers for 1.2 years and 2.2 years for Part II of lawyers.

The body responsible for training to organize the bar examination is the Law Society. If someone has a law degree, they are exempt from Part 1 lawyers and will study for Part II lawyers, which is 2 years. The conference for lawyers did not become mandatory until 1922, because their work was more important than that of the lawyer. A person has the right to practise generally if his or her name appears on the list of lawyers maintained by the Chief Registrar of the Supreme Court of Nigeria p. 21 (1) LPA. The Act (LPA) also provided that a person has the right to enter his or her name on the list if: For the incarnation of a lawyer is a fine or N200 or imprisonment of no more than 2 years or both in In 1943, a universal judicial system was introduced nationwide, ending the establishment of magistrates` courts in all regions of the country and a Supreme Court of Nigeria for the whole country. Earth. National courts continue to have exclusive original jurisdiction over matters relating to marriage, marital status, guardianship, inheritance and administration of estates. After the introduction of a federal system of government in 1954, the judicial system also adopted a federal position, and high courts were established for Lagos and each of the three regions, while there was a federal court and a trial court for different parts of the country. These courts applied and administered English law, while the indigenous courts of the north and the customary courts of the south of the country applied and administered customary law. Laws established by local courts have been enacted by the different regions. It should be noted that in the northern region, where Islamic law is the recognized customary law, a Sharia Court of Appeal is established to hear appeals from national courts and, in the event of a conflict between the Sharia Court of Appeal and the Supreme Court, a Resolution Court is established to resolve the conflict.

This period can be divided into two periods, which are before the merger and after the merger. The period prior to incorporation covers the period between 1861 and 1914. At that time, various parts of what is now known as Nigeria were administered by the British government or its subject. The period after the merger would refer to the period after the merger of the colony and protectorate of southern Nigeria with the protectorate of northern Nigeria to form what we recognize as Nigeria. After the cession of Lagos to the British Crown in 1861, the Supreme Court Decree of 1863 established the Supreme Court on the territory of Lagos, which was later replaced by the Civil and Criminal Courts, which were the highest court in the country. In addition, appeals by the West African Court of Appeal in Sierra Leone are addressed directly to the Judicial Committee of the Privy Council. In 1874, the Gold Coast Colony was established, which included Lagos and the Gold Coast. The Supreme Court Order in Council of 1876 provided for the establishment of a colony Supreme Court to administer the common law, doctrines of equity, and laws of general application in force on 24 July 1874. The three-tier judicial system had a hierarchy consisting of the district court, the divisional court and the plenum, and appeals were in that order.