Guide to Foreign and International Legal Citations - New York ...

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NIGERIA
Federal Republic of Nigeria
I. COUNTRY PROFILE (Common Law)
Nigeria is a federal republic comprised of thirty-six states and the Federal Capital
Territory. Nigeria became an independent nation on October 1, 1960. Its official language is
English. Nigeria’s legal system is based on the common law tradition. The current Consitution
entered into force on May 29, 1999.
Executive power is vested in the President, who is directly elected by the people.
Legislative power is vested in the National Assembly, which consists of a Senate and a House of
Representatives. Members of both houses are directly elected by the people to four-year terms.
Under the Constitution, the National Assembly has the power to make laws “for the peace, order
and good government of the Federation.” Any law made by the National Assembly is referred to
as an “Act” or an “Act of the National Assembly.” Each state within the Nigerian Federation
has a House of Assembly which has the power to make laws for the state. Legislation passed by
state assemblies is known as a “Law.” The Constitution provides that laws enacted by the
National Assembly prevail over inconsistent state laws.
Judicial power is vested in the courts. In addition to common law, the courts may also
apply local customary law, particularly in disputes concerning matrimonial issues, family
disputes, inheritance and personal relations. The Supreme Court of Nigeria has original
jurisdiction over matters of constitutional interpretation and disputes between the Federation and
a state or between states. The Supreme Court also has original jurisdiction over any other matter
that may be brought before it pursuant to an Act of the National Assembly. The Supreme Court
is court of final appeal for decisions of the Federal Court of Appeal on questions of law relating
to any civil or criminal matter. The Court of Appeal has appellate jurisdiction over decisions of
the Federal High Court and State High Courts regarding both civil and criminal matters. It also
has appellate jurisdiction over decisions of specialized courts, namely the Sharia Court of Appeal
(with respect to any question of Islamic personal law) and the Customary Court of Appeal (on
questions of customary civil law).
The Federal High Court has jurisdiction over civil and criminal matters at the federal
level. The capital city, Abuja, also has its own High Court of the Federal Capital Territory, a
Sharia Court of Appeal of the Federal Capital Territory, and a Customary Court of Appeal of the
Federal Capital Territory.
Each state has a Magistrate’s Court, which is the court of first instance for certain
categories of criminal and civil cases. Each state also has a High Court, which has unlimited
civil and criminal jurisdiction and which also hears appeals from lower courts. Some states have
also followed the model of the Federal system by having their own specialized courts such as the
state Sharia Court of Appeal and the state Customary Court.
In the Northern Region of Nigeria, Magistrate Courts have only criminal jurisdiction.
Civil jurisdiction is vested in district High Courts. There are also separate Native Courts, which
apply customary or Islamic law. Appeals from decisions of the Native Courts are heard by the
native appeals division of the state’s High Court. Northern states also have a Sharia Court of
Appeal which hears appeals from lower courts in matters of Muslim personal law. Decisions of
the Sharia Court of Appeal are final except in cases where a constitutional question brings the
case before the Federal Supreme Court.