NIGERIA AND ARGENTINA CRIMINAL LAW: A COMPARATIVE ANALYSIS

1.4 JURISDICTION IN NIGERIA

Jurisdiction is genuine and fundamental in every proceeding in court. If a court adjudicates over a matter which it has no jurisdiction, no matter how brilliant the judgment is, its efforts and proceedings are nullity abinitio.

Jurisdiction may be by reference to constitution or composition of the court. The law specifies the number of judges that must seat in a given matter failing which the court cannot competently handle the matter. 

Jurisdiction may also be determined by geographical area of operation of the court.

The leading authority on the essentials of jurisdiction is the case of Madukolu V. Nkemdilim (1962) S.C.N.L.R 341. A court has jurisdiction:
i. When it properly constituted as regards members and qualifications of the members of the Bench and no number is disqualified for any reason.

ii. When the subject matter of the case is within its jurisdiction.
iii. And when the case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction.

CFRN 1999 established seven (7) superior courts of record in Nigeria and confer on them both original and appellate jurisdiction in respect of certain matters.

CATEGORIES OF COURTS IN NIGERIA

1. Supreme Court 

2. Court of Appeal

3. Federal High Court 

4. High Court of the Federal Capital Territory 

5. High Court of a State

6. Sharia and Customary Court of Appeal of the Federal Capital Territory 
7. Sharia and Customary Court of Appeal of a State

SUPREME COURT OF NIGERIA

This is the highest in the hierarchy of courts in Nigeria. Section 232(1) of CFRN 1999 provides for the establishment of the Supreme Court.
The composition consists of the Chief Justice of Nigeria and such number of justice not exceeding twenty-one (21) as may be prescribed by an Act of the National Assembly.
Appointment of Chief Justice of Nigeria and other Justice of the Supreme Court are appointed by the President of the Federal Republic of Nigeria on the recommendation of National Judicial Council subject to confirmation of such appointment by the senate.
JURISDICTION

The Supreme Court has both original and appellate jurisdiction.
Original Jurisdiction

 Section 232(1) of 1999 CFRN provides that the Supreme Court shall to the exclusion of any other court have original jurisdiction in any dispute between:

(a) Federation and a State

(b) Between States 

(c) Original jurisdiction as may be conferred by the National 
Assembly.
Additional Original Jurisdiction conferred upon the Supreme Court by Section 232(1) shall to the exclusion of any other court, have original jurisdiction in any dispute between:

(a) National Assembly and the President 

(b) National Assembly and any State House of Assembly 

(c) National Assembly and a State of the Federation

APPELLATE JURISDICTION

An appellate court derives its jurisdiction from the statute creating it, including the 1999 constitution and other enabling statutory provisions.
The constitution provides that no any other court of Law in Nigeria has power/authority to hear and determine appeals from the Court of Appeal. The Supreme Court has the exclusive jurisdiction.
The decision/judgment of the Supreme Court is final and appeal lies to nowhere.

Section 234 of CFRN provides that for the purpose of exercising any jurisdiction conferred upon it. Supreme Court shall be properly constituted if it consists of not less than five (5) justices of S.C.
However, the Supreme Court shall be duly constituted by seven (7) justices. Such instances include the following 

(i) Interpretation of Constitution 

(ii) A question whether any of the provisions relating to fundamental human rights has been, is being or is likely to be contravened, or 
(iii) The exercise of its original jurisdiction

 However, there are occasions where the Supreme Court can set aside its decision in certain circumstances. Such cases are as follows:
(i) If the judgment is obtained by fraud 

(ii) If the judgment is a nullity such as when the court itself was not competent or 

(iii) If the court is misled into giving judgement under a mistaken belief that the parties had consented to it, or 

(iv) If the judgment is given in the absence of jurisdiction
The Chief Justice of Nigeria is empowered under the 1999 constitution. Section 234 to make rules for regulating the practice and procedure of the Supreme Court.

COURT OF APPEAL

Court of Appeal (CA) is next to the Supreme Court in the hierarchy of Nigeria Court System. The Court is established by Section 237 of 1999 CFRN. Its composition consists of a President of the Court of Appeal and other Justice of the Court of Appeal not less than forty-nine (49) in number. Three of which shall be learned in Islamic Personal Law and three others learned in Customary Law.
The President of the Court of Appeal is appointed by the President of Federal Republic of Nigeria based on the recommendation of the National Judicial Council subject to the confirmation of the Senate.
The Court of Appeal has both original and appellate jurisdiction.
Original Jurisdiction

Section 239 of the 1999 CFRN provides for the original jurisdiction of the Court of Appeal in respect of the following matters.
(i) Whether any person has been validly elected to the office of the President or Vice President.

(ii) Whether the term of the office of the President or Vice President has ceased or 

(iii) Whether the office of the President or Vice President has became vacant.

Appellate Jurisdiction

Section 240 of CFRN provides that the Court of Appeal shall have appellate jurisdiction to the exclusion of any other court of law in Nigeria to hear appeals from the Federal High Court, State High Courts including FCT and other Lower Courts.
The Court shall be duly constituted if it consists of not less than three (3) justices of Court of Appeal.

However, it could be more than three (3) justices depending on the nature and circumstances of the appeal or the matter before the court.
And Section 248 of the 1999 CFRN empowers the President of the CA to make rules for regulating practice and procedure of the court of Appeal.

FEDERAL HIGH COURT

This is a Federal Court established by Section 249(1) of the 1991 CFRN and consists of a Chief Judge and such number of Judges as may be prescribed by an Act of the National Assembly.
The Chief Judge and other Judges of the Federal High Court are appointed by Mr. President on the recommendation of National Judicial Council subject to the confirmation of the Chief Judge only. Jurisdiction of the FHC covers the entire country. 

The Exclusive Jurisdiction of FHC according to Section 251(1) of the 1999 CFRN covers the following matters:

(i) Revenue of Government 

(ii) Taxation

 (iii) Custom and excise

 (iv) Banking and Fiscal Measures 

(v) Operation of CRMA

(vi) Copyright, Trade mark, patent and designs 

(vii) Admiralty