SOURCES OF CIVIL PROCEDURE Flashcards
What are the sources of civil procedure?
- Rules of Court
- Statutes creating the court
- Constitution
- Practice directions
- Decisions of court on procedures
- The Sheriffs and Civil Process Act
- Foreign Judgment (Reciprocal Enforcement) Act
Who makes the rules of court?
It is always the statute creating the court that states who should make rules of the court
What is the effect of non compliance with the rules of court in Abuja?
It shall be treated as a mere irregularity in Abuja.
ORDER 5
What is the effect OF NON-COMPLIANCE WITH THE RULES OF COURT in LAGOS?
It shall nullify proceedings, but where it is as to time, place, manner, or form, it shall be treated as an irregularity.
What are factors that affect jurisdiction?
- Whether it was properly constituted as to the number of judges
- Subject matter jurisdiction
- Due process
- Conditions precedent for exercise of jurisdiction have been satisfied.
What are the Courts with civil jurisdiction?
- Supreme Court-SEC 230-236
- Court of Appeal-SECTION 237-248
- Federal High Court-SEC 249-256
- High court-SEC 255-259(FCT) & SEC 270-274(STATES)
- National industrial Court-SEC 254A-F
- Sharia Court of Appeal-SEC 260-264
- Customary Court of Appeal-SEC 265-269
What is the composition of the Supreme Court?
Comprises of the CHIEF JUSTICE with 15 years post call and a no of justices not exceeding 21 as may be prescribed by an act of the NA.
Appointment of the Chief Justice of Nigeria?
- It is done by the president, on the recommendation of the NJC, subject to confirmation by the Senate
- A justice of SC is appointed by the president in the recommendation of the NJC subject to confirmation by the senate
SEC 231
What is the original jurisdiction of the Supreme court?
a. Between Federation and a State
b. Between States in Nigeria
It must be shown that the subject matter affects the state as an entity and not just few individuals.
** Supreme Court (Additional Original Jurisdiction) Act, 2002**
a. NA and the President
b. NA and any State House of Assembly
c. NA and a State of the Federation
SEC 232(2)
Conditions before the National or State House of Assembly can institute an action before the supreme court?
A simple majority vote must be passed by both the NA members and SHA members present and sitting at the time the resolution is out to a vote.
When can the NATIONAL ASSEMBLY INSTITUTE AN action at the supreme court?
WHEN BOTH THE SENATE AND HOUSE OF ASSEMBLY has passed a simple majority vote
Both houses must institute as the National Assembly, if it is just one house, the appropriate court is the Federal High court
When can the Supreme Court be said to be properly constituted?
1.7 Justices while sitting in its original jurisdiction
2.Appellate jurisdiction is 5 Justices
What is the original jurisdiction of COURT OF APPEAL?
- Whether the person was validly elected into the office of president/vice president.
- Whether the tenure of the person has ceased.
- whether the office has become vacant.
Sec 239 CFRN
What is the composition of The Court of Appeal?
PRESIDENT OF the CA
NOT LESS THAN 90 JUSTICES
3 learned in Islamic, 3 learned in customary law practice
Instances where the decision of the Court of Appeal will be final?
- Appeals coming from the National Industrial court
- Appeals coming from the National and State Houses of Assembly election Tribunal