There are various courts in Nigeria. Each court is different from the other depending on its jurisdiction. Despite the jurisdictional identity of a court, a court is also differentiated from another based on its position in the hierarchical pyramid of courts. What then is "hierarchy of courts?" Hierarchy of courts simply means arrangement/categorization of courts in the order of superiority. Hierarchy of courts also helps us appreciate which court an appeal against the decision of a particular court can be made to.
Using a tenancy matter between Mr. A and Mr. X as case study- Mr. A is the landlord while Mr X is the Tenant. Mr. A has satisfied all stipulated statutory requirements for the recovery of possession of his premises from Mr. X but the latter is unwilling to vacate the said premises. Mr. A wants to take the matter to court in order to legally recover possession from Mr. X. The question is, which court can Mr. A commence/institute the matter.
If Mr. A takes the matter to the Supreme Court for the first time, the Supreme Court will strike out Mr. A suit on ground that the honourable court lacks the jurisdiction to hear same. Why is this so? It is because Mr. A fails to appreciate the legal effect of the hierarchy of courts. Thus, Mr. A has to put into consideration the appropriate court in the hierarchy he ought to institute/commence the suit.
Below is the hierarchical list of courts in Nigeria, (in the order of the highest to the lowest).
1. The Supreme Court
2. The Court of Appeal
3. The High Court: High Court of a State, High Court of the FCT, The Federal High Court, The National Industrial Court, The Sharia Court of Appeal, The Customary Court of Appeal, Court Martial, The Tribunals.
4. The Magistrates' Court and the District Court
5. The Area/Sharia Court and the Customary Court
The effect of this is that, an appeal from the Magistrates' Court (for instance), can only lie to the High Court. In other words, if a Magistrates' court gives judgment on your matter and you wish to appeal against the said judgment, the right/appropriate court to hear your appeal is the High Court, not the Court of Appeal or the Supreme Court. Why? Because the High Court is the next court in the order of superiority immediately after the Magistrates' court. Likewise, any appeal from the High Court lies directly to the Court of Appeal, not the Supreme Court or the Magistrate Court.
I do hope this is helpful, please do not hesitate to ask questions is you have any. In as much as I tried to use less legal terms, there are still some legal words you might like to check out their meanings, please go to my mini law dictionary. Suggestions and contributions are welcome.
The content of this article is intended to provide a general guide to the subject matter. Seek professional advice for your specific circumstances.
