History of the Nigerian Legal System

It is impossible for any civilized society to exist without a legal system, as the legal system ensures that there is a procedure for the administration of justice. A legal system is necessary to maintain civilization and obedience of laws in any society. It would be erroneous to assume that there existed no legal system in Nigeria before the coming of the British. Each of the territories that constitute Nigeria had a legal system long before colonization. In the period before 1862, the laws administered in most of the areas in present northern Nigeria was the Muslim law of the Maliki school. These laws were administered through the Alkali courts by the Alkali, knowledgeable Islamic scholars. The south had unwritten customary law. Law is dynamic, continually changing to fit the needs of whatever society it exists in. When the trading coastal areas like Lagos, Benin, Bonny, Brass, New Calabar(now Degema) and Old Calabar(now Calabar) had indigenous citizens who had disputes with foreigners, the indigenous court system was not enough to settle such disputes. The foreigners often felt like they rarely obtained justice and so there was the need for the justice administration system to be improved. In 1849, the British government appointed the first consul in Nigeria. The consuls were to settle trade disputes between the indigenes and foreigners and they established equity courts and consular courts.

The British government made Lagos a colony is 1862, introducing English laws which were to be administered by some established courts. The first supreme court was established in 1863 by the Supreme Court Ordinance 1863. Other courts that were established were the Court of Civil and Criminal Justice which replaced the Supreme Court and the West African Court of Appeal. A number of other courts were established before 1874 and in 1876, the Supreme Court Ordinance 1876 established a new supreme court which was to administer the common law of England, the doctrines of equity, and the statutes of general application in force in 1876. The Supreme Court was made up of the Full Court which served as a court of appeal, the Divisional Courts with both original and appellate jurisdiction, and the District Commissioners’ Courts. Appeals from the District Commissioners’ Court went to the Divisional Courts while the appeals from the decisions of the Divisional Courts went to the Full Court. The received English law was in force simultaneously with the customary laws as the Full Court held in Oppon v. Ackinie that customary law was still valid.

A number of British firms traded along the banks of River Niger and one of such was the National African Company which received a Royal Charter in 1886 and later had its name changed to the Royal Niger Company. The company was empowered to administer justice in the territories it operated in while giving due regard to the indigenous laws and customs until its charter was revoked in 1899.

The territories that now constitute southern Nigeria were amalgamated by the Southern Nigeria Order in Council 1899 which took effect on the 1st of January, 1900. The Order provided for the appointment of a high commissioner who was empowered to make laws for the protectorate through proclamations. The high commissioner established a Supreme Court through the Supreme Court Proclamation 1900 and the Supreme Court was to administer the common law of England, the doctrines of equity and the statutes of general application in force in England on 1st of January, 1900. Courts were established through the Native Courts Proclamation 1900 to administer the customary laws which were previously administered by the indigenous courts. In any jurisdiction where a native court had been established, not indigenous court could be in force as the native courts exercised their jurisdiction exclusively. The native court system has been said to have been a failure.

A High Commissioner was also established for the protectorate of Northern Nigeria who established a Supreme Court, provincial courts and cantonment courts through the Protectorate Courts Proclamation 1900. The Native Courts were established by a separate proclamation which was the Native Courts Proclamation 1900. It should be noted that the native court system fared better in the north than it did in the south. While the indigenes were allowed to appoint the heads of their native courts, no such privileges were given to the southerners.

In 1914, the colony and protectorate of southern Nigeria was amalgamated with the protectorate of northern Nigeria to form the colony and protectorate of Nigeria. Three types of courts were established for the country which were the Supreme Court, the Provincial courts and the native courts. The Supreme Court was similar to the one established in both the north and south in 1900, applying the common law of England, doctrines of equity and the statutes of general application in force in England on the 1st of January, 1900. It had civil and criminal jurisdiction. The provincial courts had civil and criminal jurisdiction, with appeals from its civil decisions going to the Supreme court while there was no opportunity to appeal its decision in criminal cases. The provincial courts were widely criticized as it did not make provision for legal representation and the courts were manned by administrative personnel instead of judicial personnel and they could hardly be expected to deliver justice properly. While the government claimed that it was to enable litigants get justice cheaply, there is no point in it being cheap if justice cannot be gotten, especially since the decision of the provincial courts could not be appealed in criminal cases.

The judicial system attracted so much criticism that in 1933, the Protectorate Courts Ordinance 1933 established a High Court and Magistrates’ courts for the protectorate. The high court had practically the same jurisdiction as the Supreme court, except that only the Supreme Court had jurisdiction in probate, divorce and matrimonial cases, admiralty cases and proceedings under specified Ordinances. The decisions of the high court and supreme court could be appealed to the west African court of appeal. The jurisdiction of the native courts was also increased.

The 1954 constitution was the first truly federal constitution, with Nigeria being a federation consisting of three regions. A Federal Supreme Court was established. There was also a High Court for each region and Lagos. A magistrates’ court was established for each region and appeals from the courts went to the High Court of that region. There were also statutory courts which were known as Customary Courts in the eastern and western region and native Courts in the northern region. The northern region had a customary court of appeal which was known as the Moslem Court of Appeal and was to entertain appeals from the native courts in civil and criminal cases where Moslem law was applied. The Sharia Court of Appeal was established in 1960 to replace the Moslem Court of Appeal.

Even though Nigeria gained independence in 1960, the Privy council still remained the highest court of the country, entertaining appeals from the Federal Supreme Court. It was in 1963 that a new difference was introduced, with the federal supreme court abolished to establish a new court known as the Supreme Court of Nigeria to be the highest court in the country. This Supreme Court exists till present, headed by the Chief Justice. There are also other courts like the Court of Appeal, High Courts of states, High Court of the federal capital territory, High Court of the federation, Sharia court of Appeal, Customary court of Appeal, National industrial court, Magistrate courts, Customary courts, Sharia Courts, inter alia.