Islamic Law / Sharia / Moslem Law
Islamic law, unlike ethnic customary law, is written. Its principles are clearly defined and articulated. This system of law has worked with detailed thoroughness and incisive precision. It is based on the Islamic religion and was introduced into Nigeria by its practitioners as a consequence of a successful process of Islamization. This system of law is based on the Holy Koran and the teachings of Prophet Muhammad. In some areas Islamic law after its introduction completely supplanted the pre-existing system of customary laws whereas in other areas it became incorporated with customary law and the two systems have become fused and are jointly administered. Islamic law is being enforced in some states of Nigeria especially in the Northern part where populations are predominantly Moslem. The scope of operation of Islamic law has been broadened since the introduction of the Sharia legal system in the present democratic dispensation in a number of Northern states such as Zamfara, Kano, Kaduna, and Sokoto among others. The principal feature of this new development is the introduction of religious based criminal offences, especially on matters of morality and the introduction of punishments sanctioned by the Koran. The apex court, the Supreme Court of Nigeria, has not had the opportunity to pronounce on the constitutionality of punishments like amputation and stoning of a person to death, which the Sharia prescribes for certain offences.
Judicial Precedents
The Supreme Court is the highest court of the land. It replaced the Judicial Committee of the Privy Council in 1963 as the final court of appeal. The Court of Appeal (originally known as the Federal Court of Appeal) was established in 1976 as a national penultimate court to entertain appeals from the High Courts, which are the trial courts of general jurisdiction. The Court of Appeal sits in 10 Judicial Divisions scattered throughout the country but it is still a single court and is ordinarily bound by its own decisions. The Court of Appeal and all lower courts are bound by the decisions of this Supreme Court. The High Courts and other courts of coordinate and subordinate jurisdiction are equally bound by the decisions of the Court of Appeal. The doctrine of judicial precedents does not apply rigidly to certain courts like the customary/area courts and the Sharia courts in Nigeria.
Supreme Court
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Court of Appeal
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High Court (Federal High Court, High Court of FCT and High Courts of States); Sharia Court of Appeal, Customary Court of Appeal
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Magistrates’/District Court
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Customary Courts/Area Courts/Sharia Courts
Notwithstanding the federal status of Nigeria, the federal and the state court systems are not in two parallel lines. It is only to a limited extent that it may be asserted that each state has its own legal system as it will be shown below.
GOVERNMENT BODIES
The system of government in the Federal Republic of Nigeria is modeled after the American presidential system with the following arms of government:
· The Legislature
· The Executive
· The Judiciary
Legislature
The Federal Legislature is responsible for law making and it follows law making procedures as specified in Sections 58 and 59 of the 1999 Constitution. The legislature is bicameral and made up of the:
· Senate
The Senate is made up of 109 elected members while the House of Representatives has 360 members. The membership of the Senate is on the basis of equality of states with each state having three Senators. The Federal Capital Territory (FCT) is represented by one senator. The number of Representatives elected by each State is determined on the basis of population.
Each state also has its own law making organ known as the House of Assembly. The members elected into the Houses of Assembly represent the various state constituencies usually delineated on the basis of population.
All legislators are elected for a 4 year term, though the electorates reserve the power to recall any legislator.
Executive
The Executive power of the Federation is vested in the President by virtue of Section 5(1) (a) of the 1999 Constitution. Such powers can be administered directly or through the Vice-President or Ministers or officers of the Government. Similarly in the states the executive power of a state is vested in the Governor and may be exercised directly by the Governor or through the Deputy Governor, Commissioners or other public officers.
See the Nigerian constitution for the functions of the executive.
Judiciary
By virtue of Section 6 (1) of the Nigerian Constitution 1999 the following courts are established in the Federal Republic of Nigeria:
1. the Supreme Court of Nigeria;
2. the Court of Appeal;
3. the Federal High Court;
4. the High Court of the Federal Capital Territory, Abuja;
5. a High Court of a State
6. the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
7. a Sharia Court of Appeal of a State;
8. the Customary Court of Appeal of the Federal Capital Territory, Abuja;
9. a Customary Court of Appeal of a State
The courts established by the Constitution are the only superior courts of record in Nigeria. The Constitution empowers the National Assembly and the Houses of Assembly to establish courts with subordinate jurisdiction to the High Courts. Courts established pursuant to the Constitution are invariably inferior courts of record notwithstanding the status of the officer presiding in the courts.
The Supreme Court is the highest court and all decisions from the court are binding on all other courts. In Nigeria, the state court structure dovetails into the federal court structure at the level of the Court of Appeal. The Court of Appeal entertains appeals from the decisions of the High Courts, the Sharia Courts of Appeal and the Customary Courts of Appeal. Appeals from the decisions of the Court of Appeal go to the Supreme Court. In effect the Supreme Court is not only a Supreme Court on federal matters, it is also the final court in respect of state laws.
However, in terms of administrative responsibility, State High Courts are the most important courts in each state. This assertion is strengthened because whereas the Constitution has established a High Court for each State directly, each state has an option to establish a Sharia Court of Appeal or a Customary Court of Appeal. The inferior courts which are established pursuant to constitutional provisions include Magistrate Courts, District Courts, Area/Sharia Courts, and Customary Courts. By and large these courts are established by State Laws, except for the Federal Capital Territory and the judicial hierarchy and the nomenclatures of inferior courts are dissimilar. The High Courts and other specialized courts exercise supervisory and appellate jurisdiction over the inferior courts.
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