History of Court System

Question 1

The definition and role of the Nigerian Judiciaty

Answer 1

Before discussing the history of court systems, it is best to give an overview of the definition of judiciary and the role it plays in society.

Question 2

What is the major problem faced when discussing the history of Court System

Answer 2

The answer is this. That it doesn’t have a uniform pattern of development. This is because of its diverse culture.

Question 3

The development of the court system is divided into 3 parts, which are?

Answer 3

Pre Colonial era
Colonial era
Post Colonial era

Question 4

The origin of the Nigerian Court System can be traced to a time preceding the arrival of the British with regions that now constitute the nation. True or False

Answer 4

True

Question 5

How does history account for this?

Answer 5

It states that before the 19th century, each of these regions possessed an established framework of judicial administration. This was prior to the emergence of Colonial governance and the merging of northern and southern Nigerian protectorate that lays the foundation for the present day Nigeria.

Question 6

What was the system of administration in play under the pre Colonial era?

Answer 6

Under this era, they existed different kingdoms and empire this in their own right, was their government administration.

Question 7

What was its status under international law

Answer 7

This administration were not called countries because they were not governed on the model of the West parlia system. There were also certain things under international law that aided the invasion of European powers into existing territories that were now governed by non European authorities.

Question 8

What was the status of the judiciary under these administration

Answer 8

The judiciary installed was dictated by its historical past, political structure, and socio cultural values.

Question 9

Did they all aim at doing justice in the modern sense

Answer 9

No. They aimed at rather maintaining peace and order, the promotion of social welfare, and the sustainability of social equilibrium in society concerned.

Question 10

What was the prime motive then?

Answer 10

This was in the resolution of disputant, ensuring they deliver justice that makes no one superior or superior to the other.

Question 11

How can the political structure be classified

Answer 11

It is classed in different ways. We have monarchical amd republican, we have chiefly and chiefless, we have a centrally and non centrally organised state.

Question 12

What was a remarkable feature of these administration

Answer 12

This was in the absence of clear demarcation between executive, legislative, and judiciary functions.

Question 13

What was the status of the monarchical state?

Answer 13

They had an order of hierarchy where at the head we have Oba and Emir. Assisted by their council of chiefs. There was delegation of powers to chiefs and village heads.

Question 14

How was the judiciary organised in a monarchical system

Answer 14

The village heads and chiefs were to settle minor disputes within their areas of authority while appeals went to the obas and emirs. They had their own separate court for determination of more serious issues against the state. It was also the last resort to justice and was duly constituted of the emir, Obas, and his council of chiefs.

Question 15

How about judicial administration under the republican state?

Answer 15

This was prevalent in the igbo parts of Nigeria and part of the Middle East. There were no recognized heads as such. Thus, each clan was governed by a council of elders constituted of adult male members. It was these members that exercised judicial control in the society.

Question 16

What of traditional religious institutions and beliefs

Answer 16

They also helped in the sustenance of the adjudicatory system.

Question 17

The traditional style is commendable for its simplicity and affordability. True or False

Answer 17

True to an extent and False to an extent.

Question 18

The Colonial masters came through several means. True or False

Answer 18

True

Question 19

What are those means?

Answer 19

Through non state actors and state actors.

Question 20

What were the events surrounding non state actors’ invasion?

Answer 20

Treaty signed by King Dosunmu Kosoko on their coming on 6th August, 1861

In that treaty, he agreed to transfer the sovereignty of the people of Lagos to the British monarch.

By their coming, they came with their court system.

Question 21

Which region was court of equity established to operate in conjuction with the native court?

Answer 21

The southern region.

Question 22

Why was consular court set up

Answer 22

It was established because of British merchants that flooded these regions

Question 23

Who is a consul

Answer 23

This is a person who heads the consular court. He is an officer representative of a foreign country set out to cater to his country’s men and women.

Question 24

What was the consul empowered to do

Answer 24

To enforce by fine, imprisonment or banishment the observance of any agreement between the British crown and local chiefs.

He is also given the power to make rules for peace order and good government of British subject in his area.

He was also given civil and criminal jurisdiction and also probate and admiralty jurisdiction.

Question 25

In 1896, appeal was directed from the consular court to the Supreme Court in Lagos. True or False

Answer 25

True

Question 26

Why was the consular court advised not to interfere and meddle with the activities of traditional government?

Answer 26

To prevent conflict, injustice, and to keep watch over traditional institutions.

Question 27

The effectiveness of the consular court was undermined problems, one of which was logistics problem. True or False

Answer 27

True. Others include communication and transport problems.

Question 28

This problem faced by the consul court was resolved. How?

Answer 28

Without a standing force, they were often compelled to resort to local chiefs for assistance in selling disputes.

Question 29

When was the English style court introduced?

Answer 29

It was introduced, and heralded beginning from 1862 ordinances.

Question 30

What happened during this period?

Answer 30

Many ordinances were introduced for the establishment of court for the administration of justice. For example, the police magistrate court, commercial court, slave commission court.

Question 31

There was the existence of the Supreme Court then which is equivalent to the jurisdiction ordinary magistrate court. True or False?

Answer 31

True

Question 32

There was also a point where Lagos, Ghana, and Sierra Leone were integrated administrative. True or False.

What was the consequence of this

Answer 32

True
The consequence was that there was an appeal that went from the Supreme Court to the West Africam Court of Appeal, Sierra Leone. Then to the privy council in London

Question 33

More reforms were made. True or False
If True, what were those Reforms

Answer 33

True
There was a new Supreme Court established that was vested with the power of the High Court similar to that of the High Court in England.

Question 34

Before 1900, the Supreme Court consisted of three courts, namely:

Answer 34

Full Court
Divisional Court
District Commission served Court

Question 35

In 1900, there was another reform. True or False

If true what were those reform

Answer 35

True

There was a Supreme Court proclamation, which was exactly for the northern protectorate where the Royal Niger Commission was operating in Nigeria like a government in the north.

It was also a court system authorized by the British government. However, in 1900, its charter was revoked that enabled them to administer justice and was streamlined and handed over to proper government entities to administer justice. This led to the creation of the Supreme Court for northern protectorate.

Question 36

What happened in the year 1914.

Answer 36

The year, which was the year of amalgamation. Reforms were made. A new Supreme Court was set up so as provincial and native court.

Question 37

Were there more reforms?

Answer 37

Yes. In 1933, more judicial reforms were made, which set up the High Court. In 1943, more reforms came in like the children and young person ordinances, Supreme Court ordinances, magistrate court ordinances.

In 1954, when Nigeria became a Federation. The Federal Supreme Court was set up in Lagos and substituted for WACA. The Supreme Court then became an appeallate court that work takes appeals from subordinate court.

Question 38

Was the status quo maintained during the post Colonial era

Answer 38

Yes. It was but with a few adjustments.

Question 39

What year did Nigeria disconnect herself from Colonial heritage

Answer 39

1963

Question 40

What year was the Federal Revenue court established

Answer 40

1973

Question 41

How has the constitution structured the judiciary?

Answer 41

It has classified it into superior and inferior courts of record.