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What Are the Components of Nigerian Legal System

December 06, 2022

What Are the Components of Nigerian Legal System

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It is important to note the distinction between judicial powers or functions and competence. While the former refers to the judicial capacity of an institution, the latter refers to the capacity of an institution to exercise its powers with respect to a particular object or person. Therefore, although an institution may have judicial powers, it may not have jurisdiction to rule on a particular case. For example, article 232, paragraph 1, of the 1999 Constitution confers on the Supreme Court jurisdiction in the first instance to hear “any dispute between the Federation and a State or between States and if and to the extent that any dispute concerns a question of law or fact or on which the existence or extent of statutory rights depends”. In such cases, the Supreme Court does not have jurisdiction or has the same judicial power as that conferred on it by the Supreme Court under article 6 of the same Constitution. (6) Two other persons who are not lawyers but who, in the opinion of the President, are of good character In Olowu v. Olowu (1958)3 NLR pt13 pg372, the Supreme Court held that under Nigerian law, a person is free to change his personal law from customary law to English law or vice versa and also from one cultural group to another, etc. It depends on the personal right of the deceased at the time of death. In the meantime, if the personal law of the deceased cannot be determined or determined, the law in which the country is located is applied with regard to the land succession. (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 Since 12 December 1984, a civil servant lawyer may not practise in private capacity within the meaning of article 1 Regulated and other professions (prohibition of practice in the private sector / Decree of 1984).

In 1913, qualified legal staff came under pressure to prevent C.J. from appointing a local lawyer because he was dragging the profession through the mud. OSHO DAVIES had his request on the table of the CJN, which was denied. He appealed to the plenary session of the plenary and found that C.J.`s discretion had been properly exercised in this regard. 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. 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. After amalgamation in 1914, there were proclamations establishing a Supreme Court, a provincial court and a national judicial system. Indigenous courts were empowered to exercise jurisdiction in civil and criminal cases involving indigenous people, but certain categories of indigenous people were subject to court jurisdiction only if they or the residents agreed, or if they or the lieutenant governors agreed, and the natives: it is advisable that a lawyer does not deal with his case personally, but leaves another lawyer to be lawyer Habib Nig. Bank Ltd v. Oyebanji (1988) 19 NWLRPT 580-71. It was decided that it is better for an AP to use the services of another lawyer because emotions and feelings could cloud his vision and reasoning that he cannot see things as easily as any other lawyer would see them. It should be noted that a lawyer enjoys immunity in the event of litigation and is also immune to any testimony he gives in court during a dispute. The Court of Appeal is primarily a court of appeal, but it has jurisdiction in the first instance to hear applications for presidential and vice-presidential elections.

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