March 28, 2024

The Significant Dates that Shaped the Evolution of Nigerian Judicial System

Nigeria judicial development took place during the colonial system. This was the period when British moved into the continent of West Africa and Nigeria in particular for reasons of political, economic and social development of Nigeria. The focus is on how judicial system fared during this period. This will broaden the knowledge of Nigerian legal practitioners and other interested parties to appreciate how Nigeria arrived at this level. In order to understand it more, some important dates that shaped these evolutions becomes imperative.

When Nigeria became amalgamated in 1914, they saw the need to fasten the development of Nigeria judicial systems into more or less one single form. 1842 became the period that marked the beginning of colonial judicial system in Nigeria, as courts were vested with powers to administer and to dispense justice in the Colony of Nigeria. This led to establishment of some set of courts where they were not present especially in the southern part of Nigeria. North was far ahead than, as Islamic judicial system of court was already in the north being practiced by Emirs in form of Native Court system.

However, the period between 1913 to 1943 provided a significant development strides in judicial growth in Nigeria. The colonialists used Foreign Jurisdiction Acts of 1843, 1850 and 1893 to create several courts with the support of British Royal Niger Company to promote their trading activities with the than Natives.

These activities continued concurrently with the Courts of Equity until1899 when charter was revoked by the Northern Nigeria Order-In- Council Ordinance No. II of 1863. This brought very significant development to Nigeria judicial systems. As this law created the Lagos Supreme Court with both civil and criminal jurisdiction. Furthermore,the Proclamation Order-In- Council No 6 of 1900 also created Southern Nigeria Protectorate Supreme Court. This Court had the power and jurisdiction as was exercised by Her Majesty’s High Court of Justice of England. These activities gave the British or Colonialists a gradual intrusion of British judicial systems and their laws and procedures into the body of Nigeria legal system we still have till today.

The 1899 Northern Order-In- Council allowed the Sharia system to be practiced in the Region. It also gave Her Majesty the power and jurisdiction in Northern region for treaty,grants and other lawful activities to be practiced. Furthermore,this Order-In- Council vested in the Commissioner of the Protectorate of Northern region of Nigeria the power to provide for the administration of justice and the creation and establishment of Supreme Court, Provicial Court and Magistrate Court through the Protectorate Courts Proclamation of 1900 and the creation of improved Native Courts in the Northern part of Nigeria.

Upon Nigeria became a sovereign Nation in 1960,the Northern Cameroon joined to become part of Nigeria in 1961 which consequently resulted Nigeria to become a Republic in 1963. This period also witnessed great developments as Provicial Courts were abolished and replaced with High Courts. More Magistrate Courts were created while Native Courts remained the lowest level of courts. The effect of 1914 amalgamation brought in Supreme Court as the Apex Court in Nigeria.

Appeals from Supreme court went to West African Court of Appeal ( WACA) this continued untill 1954 when it was abolished. Appeals from Supreme court from 1954 went directly to the Judicial Committee of Privy Council (JCPC).

Furthermore, a Federal Supreme Court was established and a Chief Justice of Federation was appointed to head the court with other Supreme court Justices to hear appeals from High Courts.

Similarly, Nigeria was divided into North,West and Eastern Regions with Chief Justices and other High Court Judges. They were to hear appeals from Magistrate, Native or Customary Courts Grade A.

The essence of this brief is to provide first hand knowledge to would be legal practitioners as well as those who might have interest in knowing a little more about the historical evolution of the Nigeria legal system.

May we be guided.
Lakpene Yusuf Bida, Esq.
27-11-2022.

lakpeneyusuf048@gmail.com

Lakpene Yusuf Bida, Esq. was called to the Nigerian Bar in July 1983. Before then, he attended Ahmadu Bello University, Zaria for Dip.In-Law between 1975/1977, LLB between 1979/1982, and the Nigerian Law School, Victoria Island, Lagos between 1982/83. NYSC Kwara 1983/84. Mr. Lakpene worked as Court Registrar 1977-1979 and was appointed as Magistrate by Niger state Judiciary and served between 1984-1991. He later transferred service to the Legal Division NNPC and served at different capacities such as Legal Adviser/Company Sec. KRPC, Legal Adviser/Company SEC.NETCO, Lagos, Legal Adviser/Company Sec.IDSL, Benin. Since retirement, he has authored about eleven books on different legal topics. Four yet to be published. A Notary Public and daily article writer on the WhatsApp and Facebook. He’s also a part time law lecturer in Minna and has traveled overseas for various official assignments. He is married with children.


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