Week 3 Civil Litigation: Overview, Introductory Matters & Jurisdiction
Justice Joust Editorial
Legal Content Team
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- Litigation vs ADR: The CAMON mnemonic for resolution mechanisms.
- Sources of Civil Procedure: Understanding the hierarchy from the Constitution to Practice Directions.
- Jurisdictional boundaries of SC, CA, FHC, NIC, and SHC.
- The 3 ingredients of jurisdiction in Madukolu v. Nkemdilim.
- The rules on Concurrent Jurisdiction and Transfer of cases.
- Ethical duties under RPC Rule 14, 15, and 16.
1. Overview of Civil Dispute Resolution
Before running to court, a lawyer must consider how to resolve the dispute. The two main avenues are Litigation and Alternative Dispute Resolution (ADR).
Litigation
Adversarial, public, rigid, state-controlled, and leads to a binding/coercive judgment.
ADR
Private, flexible, voluntary (mostly), and preserves relationships.
Mnemonic for ADR Mechanisms: CAMON
- CConciliation
- AArbitration (AMA 2023)
- MMediation
- OOnline Dispute Resolution
- NNegotiation
2. Sources of Civil Procedure
Where do we find the rules that guide civil litigation? Just remember: CR C SPP.
Constitution (CFRN 1999)
The grundnorm. Creates courts (S.6), grants jurisdiction (S.251, 272), and guarantees Fair Hearing (S.36).
Rules of Court
Made by the head of respective courts (CJN, CJ of FHC/SHC) to regulate internal practice.
Case Law (Judicial Decisions)
Precedents like Craig v. Craig (right to be heard before non-suit).
Statutes Creating Courts
Supreme Court Act, Court of Appeal Act, Federal High Court Act, etc.
Special Statutes
Sheriffs and Civil Process Act (SCPA) for service across states; Matrimonial Causes Act (MCA).
Practice Directions
Issued by Heads of Court to fill lacunae. Force of law, but Rules prevail in conflict (Nwankwo v. Yar'adua).
3. Courts with Civil Jurisdiction
The Supreme Court
- Establishment: S. 230 CFRN. Max 21 Justices + CJN.
- Original Jurisdiction (S. 232): Disputes between Federation and States (Sovereign capacity).
- Quorum: 5 Justices (7 for Constitutional/Human Rights cases).
Federal High Court
- Establishment: S. 249 CFRN.
- Jurisdiction (S. 251): Exclusive over Revenue, Admiralty, CAMA, Banking, IP, and actions against FG Agencies.
National Industrial Court
- Jurisdiction (S. 254C): Exclusive over Labour, Employment, and Trade Unions.
- Tip: Employment-related Human Rights cases MUST go here.
State High Court
- Jurisdiction (S. 272): General, residual, and unlimited jurisdiction (unless excluded by S. 251 or S. 254C).
4. The Battle of the Courts
Madukolu v. Nkemdilim: The Ingredients of Jurisdiction
- 1The court must be properly constituted as regards numbers and qualifications of members.
- 2The subject matter of the case is within its jurisdiction.
- 3The case comes before the court initiated by due process of law and fulfill condition precedents.
Banker-Customer Disputes
Disputes arising from an ordinary banker-customer relationship can be heard by BOTH the FHC and the SHC (NDIC v. Okem Enterprises Ltd).
Simple Contract + FG Agency
If the dispute is a simple contract, the State High Court has jurisdiction even if an FG agency is involved (Onuoha v. K.R.P.C. Ltd).
5. Ethical Issues & Sanctions
Rule 16 RPC: Incompetence
Failing to know the correct court violates the duty to handle matters with adequate preparation.
Rule 15(3) RPC: Abuse of Process
Intentionally filing in the wrong court to harass or delay is an ethical breach.
Summary / Exam Hacks 🧠
Ready to test your knowledge?
Try this quick 3-question Joust taken straight from our past questions database.
Civil Litigation Week 3 Mini-Joust
According to the Supreme Court in Madukolu v. Nkemdilim, which of the following is NOT an ingredient of jurisdiction?
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