HIGH COURT LAW OF NORTHERN NIGERIA

State Laws

Attorney-General

State Website

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HIGH COURT LAW OF NORTHERN NIGERIA

 

 

ARRANGEMENT OF SECTIONS

PART 1 – PRELIMINARY

1. Short title
2. Interpretation

PART II – CONSTITUTION OF THE HIGH COURT

3. Establishment to the High Court
4. Constitution of the court
5. Qualifications of judges
6. Retiring age of judges
7. Forfeiture of office
8. Powers of judges
9. Precedence of judges

Seal of the Court

10. Seal

PART III – JURISDICTION AND LAW

11. General jurisdiction of High Court
12. Specific subjects included in jurisdiction
13. Procedure not to be exercised in certain matters
14. Mandamus in an action, injunctions and receivers
15. Execution of instruments by order of court
16. Reconciliation in civil cases

Prerogative Writs and certain other State proceedings

17. Orders of mandamus, prohibition and certiorari
18. Jurisdiction of High Court limited in issue of prerogative orders

Law to be applied

19. Determination of matter completely and finally

Probate Native Law and Custom

20. Application of native laws and customs

Practice and Procedure

21. Practice and procedure generally

References to Court of Resolution

22. References to Court of Resolution

PART IV – SPECIAL PROVISIONS RELATING TO APPELLATE JURISDICTION

23. Constitutions to prevail.
24. Jurisdiction of High Court in appeals and cases stated from lower courts
25. Power of revision of decisions of District Courts of Magistrates’ Courts.
26. Constitution of the High Court in its appellate jurisdiction
27. Judgment of the High Court in criminal appeal cases

Appeals from District Courts

28. Power of High Court in appeals from District Courts
29. Procedure on appeal
30. Appearance of appellant

Appeals from Magistrates’ Courts

31. Summary dismissal of criminal appeal
32. Notice of time, place and hearing
33. Determination of criminal appeals from magistrates
34. Power of High Court in criminal appeals from magistrates
35. Effect of wrong venue
36. Appearance of appellant in criminal cases

General Provisions relating to Appeals from District Courts and Magistrates’ Courts

37. Defects in notice of appeal and recognizance
38. Objections of form of grounds for appeal
39. Objections to complaint, charge, conviction or order
40. Defects in proceedings and under appeal
41. Additional evidence
42. Costs in appeals from District Judges and Magistrates
43. Notice of appeal and limitation of time
44. Enlargement of time
45. Finality of judgment

Provisions Pending Appeal

46. Provisions pending appeal

PART V – APPEALS FROM NATIVE COURTS

47. High Court to hear appeals from Grade A and Grade A limited native courts and provincial courts
48. Composition of High Court on appeal
49. Assessors in native court appeals

PART VI – DIVISIONS, DISTRIBUTION OF BUSINESS, SESSIONS, ETC

50. Court open throughout the year
51. Divisions and distribution of business
52. Regulation of sessions
53. Power to dispense with holding of sessions in places where unnecessary
54. Effect of judge’s absence from a sitting

Power of Transfer

55. Transfer of cause to District court or Magistrates’ court
56. Transfer of cause from one judge to another
57. Power to cancel or vary order of transfer
58. Telegram to have validity of order
59. Effects of order of transfer
60. Power to transfer cause to native court
61. Order of transfer not subject to appeal
62. Transfer of Sharia Court of Appeal

PART VII – GENERAL PROVISIONS RELATING TO TRIAL, PRACTICE AND PROCEDURE

63. Mode of trial in original jurisdiction
64. Powers of single judge in court and in chambers
65. Discharge of orders made in chambers
66. Procedure where second action for same cause

Keeping of Minutes

67. Notes of evidence and minutes of proceedings to be kept by presiding judge

Inspection

68. Inspection

Trial with a Jury or with Assessors Costs in certain cases

69. Disallowance of costs in certain cases

Power to arrest Debtor in certain cases

70. Power to arrest debtor quitting Nigeria or Northern Nigeria

Witness

71. Allowances to witnesses and method of payment
72. Forfeiture for neglecting witness summons
73. Persons in court may be required to give evidence though not summoned
74. Evidence of prisoners
75. Production of prisoners

Saving of Rules of Evidence

76. Law not to affect rules of evidence or juries

Representation of Parties

77. Right of appearance of legal practitioners
78. Representation of the state and government departments
79. Award of costs where public officer represented by law officer etc
80. Representation of native authority
81. Representation of first and second class chiefs
82. Acting without authority contempt of court

PART VIII – OFFICERS OF THE COURT AND RULES OF COURT

83. Chief Registrar, Probate Registrar and other officers
84. Negligence or misconduct of officers
85. Restriction on officers of court buying property sold at execution

Commissioner for Oaths

86. Appointment of commissioners for affidavits or for taking evidence
87. Protection of commissioners from actions

Protection of Judicial and certain other Officers

88. Protection of judges and persons executing warrants, etc.

Rules of Court

89. Power to make rules of court

PART IX – TRANSITIONAL PROVISIONS

90. Existing Judicial Divisions

 

 

HIGH COURT LAW OF NORTHERN NIGERIA

A LAW FOR THE ESTABLSHMENT OF A HIGH COURT OF JUSTICE FOR NORTHERN NIGERIA AND FOR OTHER PURPOSE RELATING TO THE ADMINISTRATION OF JUSTICE

[Sections 3, 4, 68, 110 (1) and 116 – 3rd November, 1955]

[Remainder, except section 27 – 1st December, 1955]

[Section 27 – 1st May, 1957]

 

PART I – PRELIMINARY

Short title

1. This Law may be cited as the High Court Law of Northern Nigeria.

 

Interpretation. N.N.L.N 7 of 1961

2. In this Law, unless the context otherwise requires –

“Act” used with reference to legislation means an Act of the United Kingdom parliament; Northern Nigeria House of Assembly

“action” means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court, but does not include a criminal proceeding;

“Area court” means a court established under or in pursuance of the Area Courts Law, or deemed to have been so established;

“Attorney-General” means the Attorney-General of Northern Nigeria or, where the context shall require, means the Attorney-General of the Federation;

“Cause” includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding;

“Chief Judge” means the Chief Judge of Northern Nigeria

“court” includes the High Court, and the Chief Judge and the judges of the High Court, sitting together or separately;

“Criminal Procedure Code” means the Criminal Procedure Code established under the Criminal Procedure Code Law;

“Customary Law” includes Islamic Law;

“decision” includes judgment, decree, order, conviction, sentence or recommendation’

“defendant’ includes every person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings in a civil cause, and also every person charged under any process of the court with any time or offence;

“District Court” means a District Court established under the District Courts Law;

“division” means a judicial division of the High Court;

“execution creditor” includes every person having title to enforce a judgment or order by process of execution;

“existing” shall mean existing at the date appointed for commencement of this Law;

“Federation” means the Federation of Nigeria;

 “first class chief” means a chief duly graded as first class under the provisions of the Local Government Law;

“former Supreme Court” means the Supreme Court

“Governor” means the Governor of Northern Nigeria

“High Court” means the High Court of Northern Nigeria.

“judge” includes the Chief Judge, a Judge of the High Court and a person lawfully acting as any one of them;

“judgment” includes a decree;

“judgment debtor” includes every ordered by a judgment or order in a civil cause or matter to pay money, or to do or abstain from doing any act;

“mandamus”-

(a)     For the purposes of section 12 means the order of mandamus made in an action as defined in subsection (4) of that section;

(b)     For the purposes of section 15, means the order of mandamus by which the prerogative writ of mandamus has been replaced;

“matter” includes every proceeding in court not in a cause;

“native court” means a court established under or in pursuance of the Native Courts Ordinance or the Native Courts Law, or deemed to have been established;

“oath” shall include solemn affirmation and statutory declaration;

“office copy” means a copy either made under direction of the court or produced to the proper officer of the court for examination with the original, and examined by him therewith, and in either case certified by him as correct;

“order” includes a rule;

“party” includes every person served with notice of or attending any proceeding, although not named on the record;

 “person aggrieved” may include the state and any public officer;

“petitioner” includes every person making any application to the court, either by petitioner, motion or summons, otherwise than as against any defendant;

“Plaintiff” includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;

“pleading” includes any petition or summons, and also includes the statements in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counter-claim of a defendant;

“prescribed” means prescribed by rules of court;

“reference” means a reference under an order made by the court under the provisions of Part VII;

“registrar” includes the Chief Registrar and all other registrars and deputy registrars of the court;

“second class chief” means a chief duly graded as second class under the provisions of the Local Government Law

“Sharia Court of Appeal” means the Sharia Court of Appeal established under the Sharia Court of Appeal Law;

“suit” includes action;

“Supreme Court” means the Supreme Court of Nigeria established by section 230 of the Constitution of the Federation.

 

PART II – CONSTITUTION OF THE HIGH COURT

Establishment of the High Court

3. (1) On the date when this section shall come into operation there shall be established a High Court of Justice for Northern Nigeria.

(2)     The name of such court shall be the High Court of Justice of Northern Nigeria.

 

Constitution of the court.

4. (1) In addition to the Chief Judge, the Court shall subject to the provisions of Part V consist of other judges.

(2)     The Court shall be deemed to be duly constituted notwithstanding any vacancy in the office of the Chief Judge or of any judge thereof.

 

Qualifications of judges

5. The qualifications for appointment to the office of judge of the High Court shall be such as are prescribed by section 271 the Constitution of Federal Republic of Nigeria.

 

Retiring age of judges

6. A judge shall vacate his office when he attains the retirement age as provided in the Constitution of Federal Republic of Nigeria 1999.

 

Forfeiture of office

7. (1) All the judges of the Court shall have in all respects, save as is herein expressly otherwise provided, equal power, authority and jurisdiction under this Law.

(2)     Any judge of the Court may, subject to the other provisions of this Law and of any rules of court, exercise all and any part of the original jurisdiction, civil and criminal, vested by this Law in the Court, and for such purpose shall be and form a court.

 

Powers of judges

8. (1) The Chief Judge for the time being shall be the Head of the Court and in his absence the senior judge present shall preside.

(2)     The judges shall take precedence after the Chief Judge in order according to the date of their respective appointments and, in the case of two or more appointments having been made on the same day, in such order as the Governor may be notice in the Northern Nigeria direct.

 

9. (1) A person shall not be qualified to be appointed to act as a judge of the High Court unless:-

(a)     He is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland; or

(b) (i) he is qualified to practice as an advocate in such a court; and

(ii)     he has been qualified for not less than five years to practice as an advocate or solicitor in such a court.

(2)     In computing, for the purposes of this section, the period during which any person has been qualified to practice as an advocate or solicitor any period during which he has held judicial office after becoming so qualified shall be included.

(3)     For the purpose of construing this section the word “judge” shall not include the Chief Justice.(8)

 

Precedence of Judges.

10. (1) The Chief Judge for the time being shall be the President of the court and in his absence the senior judge present shall preside.

(2)     The judges shall take precedence after the Chief Justice in order according to the date of their respective appointments and, in the case of two or more appointments having been made on the same day, in such order as the Governor may by notice in Northern Nigeria direct.

 

Salaries of judges.

11. (1) There shall be paid to the several judges of the High Court the following salaries respectively:-

(a)     To the Chief Justice the sum of three thousand five hundred and forty pounds a year;

(b)     To the Senior Puisne Judge the sum of three thousand one hundred and eighty pounds a year;

(c)     To each of the other judges of the High Court the sum of two thousand nine hundred and forty pounds a year.

(2)     The salary payable to any judge under the provisions of this section shall in each case include any pension chargeable upon the public revenues of Northern Nigeria which may have been granted to him in respect of any public office previously filled by him.

 

Seal of the Court

12. (1) The Court shall have and use, as occasion may require, a seal, bearing the inscription “the High Court of Justice of Northern Nigeria”. The Seal of the Court shall be kept by the Chief Judge and a duplicate thereof shall be kept by each judge. The Chief Judge and judges may entrust the seal or duplicates to such officers of the Court from time to time as they may respectively think fit.

(2)     Such seal shall be the Seal of the Court for all purposes for which it may be required under the provisions of the Rules of Court.

 

PART III – JURISDICTION AND LAW

General jurisdiction of High Court.

13. (1) The High Court shall be a superior court of record, and have the jurisdiction conferred by the Constitution of the Federation, this Law or any other written law shall, within the limits and subject as in the Constitution of the Federation and in this Law mentioned, possess and exercise all the jurisdiction powers and authorities which are vested in or capable of being exercised by Her Majesty’s High Court of Justice in England.

(2)     The jurisdiction conferred upon the High Court by the provisions of this Law and of any other written law shall be exercised subject always to the limitations imposed by the Constitution of the Federation.

 

Specific subjects included in jurisdiction.

14. Subject to the provisions of Section 272 of the Constitution of the Federal Republic of Nigeria 1999 and in particular to such of them as are reproduced in sections 15 and 16 hereof the jurisdiction vested in the Court shall include:

(a)     The judicial hearing and determination of matters in difference;

(b)     The review of cases reported to it under section 52 of the Area Courts Law;

(c)     The administration or control of property and persons; and

(d)     All criminal jurisdiction which at the commencement of this Law, was or at any time afterwards may be exercisable within Northern Nigeria for the repression or punishment of crimes or offences or for the maintenance of order.

 

Jurisdiction excluded in certain respects.

15. The Court shall not have jurisdiction in any disputes or matters or in respect of any questions in relation to which its jurisdiction is excluded by the provisions of the Constitution of the Federation and the Constitution of Northern Nigeria or by any legislation replacing the same.

 

Procedure for interpretation of Constitutions in High Court cases.

16. If any question as to the interpretation of the constitution of the Federation and the Constitution of Northern Nigeria arises in any proceedings in the High Court or in any other court established for Northern Nigeria such question shall be determined in the manner or manners respectively prescribed by the Constitution of the Federation and the Constitution of Northern Nigeria or by any legislation replacing the same.

 

Jurisdiction not be exercised in certain matters.

17. (1) Subject to the provisions of the Land Tenure Law and of any other written law the High Court shall not exercise original jurisdiction in any suit or matter which-

(a)     Raises any issue as to the title to land or as to the title to any interest in land which is subject to the jurisdiction of a Area court;

(b)     Is subject to the jurisdiction of an Area court relating to marriage, family status, guardianship of children, inheritance or the disposition of property on death.

(2)     The provisions of subsection (1) shall have effect except-

(a)     in so far as the Governor may Order otherwise direct;

(b)     in suits transferred to the High Court under the provisions of the Area Court Law or of any law replacing the same.

 

Power to appoint guardians and committees of lunatics

18. The Court shall have all and singular the powers and authorities of the Lord High Chancellor of Great Britain in relation to the appointment and control of guardians of infants and their estates, and also keepers of the persons and estates of idiots, lunatics, and such as being of unsound mind are unable to govern themselves and their estates.

 

Mandamus in an action, injunctions and receivers.

19. (1) The Court may grant a mandamus (as defined in sub-section (4) ) or an injunction, or appoint a receiver by an interlocutory order in all cases in which it appears to the court to be just or convenient so to do.

(2)     Any such order may be made either unconditionally or on such terms and conditions as the court thinks just.

(3)     If, whether before, or at, or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the Court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.

(4)     For the purposes of this section “mandamus” means the order of mandamus made in an action, commanding the fulfillment by a person of a quasi-public duty in which another person has a personal and private interest.

 

Relief against forfeiture for non-payment of rent.

20. In the case of any action for a forfeiture brought for non-payment of rent, the court shall have power to give relief in a summary manner, and subject to the same terms and conditions in all respects as to payment of rent, costs and otherwise as can be imposed by Her Majesty’s High Court of Justice in England, and if the lessee, his executors, administrators or assigns are so relieved they shall hold the demised premises according to the terms of the lease and without the necessity of any new lease.

 

Execution of instruments by order of court.

21. Where any person neglects or refuses to comply with a judgment or order directing him to execute any conveyance, contract or other document, or to endorse any negotiable instrument, the court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed or that the negotiable instruments shall be endorsed by such person as the court may nominate for that purpose, and a conveyance, contract, document or instrument so executed or endorsed shall operate and be for all purposes as valid as if it had been executed or endorsed by the person originally directed to execute or endorse it.

 

Reconciliation in civil cases.

22. Where an action is pending the Court may promote reconciliation among the parties thereto and encourage and facilitate the amicable settlement thereof.

 

Credit to natives.

23. The court shall not enforce against a native living in any area specified by Order in Council under this section, which order the Governor in Council is hereby empowered to make, any obligation incurred by him towards a non-native in respect of a commercial transaction, so far as it is based on credit, if it appear to the court in its discretion that it was not reasonably probable that the native was fully aware of the nature of the obligation and the consequences of failure to perform the same.

 

Prerogative Writs and certain other State Proceedings

Order of mandamus, prohibition and certiorari.

24. (1) The prerogative writs of mandamus, prohibition and certiorari shall not be issued by the High Court.

(2)     Subject to the provisions of section 15 and section 27 the court shall have all the jurisdiction of the High Court of Justice in England to make an order of mandamus requiring any act to be done or an order prohibition prohibiting any proceedings or matter, or an order of certiorari removing any proceedings, cause or matter into the High Court for any purpose.

 

Injunction in lieu of quo warranto.

25. (1) Informations in the nature of quo warranto are hereby abolished.

(2)     In any case where any person acts in an office in which he is not entitled to act and an information in the nature of quo warranto would immediately before the commencement of this Law have lain against him, the High Court may grant an injunction restraining him from so acting and may (if the case so requires) declare the office to be vacant.

(3)     No proceedings for an injunction under this section shall be taken by a person who would not immediately before the commencement of this Law have been entitled to apply for an information in the nature of quo warranto to the former Supreme Court.

(4)     Proceedings under this section shall be deemed to be civil proceedings whether for purposes of appeal or otherwise.

 

Application of law and practice in force in England to proceedings under sections 24 and 25.

26. The Jurisdiction conferred upon the court by sections 24 and 25 shall, subject to the provisions of this Law and to rules of court, be exercised by the court in conformity with the law and practice for the time being in force in England.

 

Jurisdiction of High Court limited in issue of prerogative orders.

27. No order or mandamus, or prohibition or of certiorari and no injunction under the provisions of section 25 shall be made or granted by the High Court in respect of any proceedings in or in the Sharia Court of Appeal save such as may be necessary in the exercise of its power under section 32 of the Constitution of the Federal Republic of Nigeria 1999 or any law enacted under that section.

 

Law to be applied

Extent of application of law of England.

28. Subject to the provisions of any written law and in particular of this section and of sections 26, 33 and 35 of this Law:

(a)     The common law;

(b)     The doctrines of equity; and

(c)     The statutes of general application which were in force in England on the 1st day of January, 1900, shall in so far as they relate to any matter with respect to which the Legislature of Northern Nigeria is for the time being competent to make laws, be in force within the jurisdiction of the court.

 

Rules as to the application of Imperial laws.

29. (1) All imperial law declared to extend or apply to the jurisdiction of the court shall, in so far as they relate to any matter with respect to which the Legislature of Northern Nigeria is for the time being competent to make laws, be in force so far only as the limits of the local jurisdiction and local circumstances permit, and subject to any existing or future local legislation.

(2)     For the purpose of facilitating the application of the said Imperial laws they shall be read with such formal verbal alterations, not affecting the substance, as to names, localities, courts, officers, persons, moneys, penalties and otherwise as may be necessary to render the same applicable to the circumstances.

(3)     Every judge or officer of the High Court having or exercising functions of the like kind, or analogous to the function of any judge or officer referred to in any such law, shall be deemed to be within the meaning of the enactments thereof relating to such last-mentioned judge or officer.

(4)     Wherever the great seal or any other seal is mentioned in any such law it shall be read as if the Seal of the High Court were substituted therefore.

(5)     In matters of practice all documents be written on ordinary paper, notwithstanding any practice or directions as to printing or engrossing on vellum, parchment or otherwise.

 

Law and equity to be concurrently administered.

30. Subject to the express provisions of any written law, in every civil cause or matter commenced in the High Court, law and equity shall be administered by the High Court concurrently and in the same manner as they are administered by Her Majesty’s High Court of Justice in England.

 

Rules of equity to prevail.

31. Subject to the express provisions of any written law, in all matters not particularly mentioned in this Law in which there was formerly or is any conflict of variance between the rules of equity and the rules of the common law with reference to the same matter the rules of equity shall prevail in the court so far as the matters to which those rules relate are cognizable by the court.

 

Determination of matter completely and finally.

32. The High Court in the exercise of the jurisdiction vested in it by this Law shall, in every cause or matter pending before the Court, grant, either absolutely or on such terms and conditions as the Court thinks just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any legal or equitable claim properly brought forward by them in the cause or matter, so that, as far as possible, all matters in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of those matters avoided.

 

Law and practice in force in England to apply in probate cases.

33. The jurisdiction of the High Court in probate cases and proceedings may, subject to the provisions of this Law and especially of section 34, and to rules of court, be exercised by the court in conformity with the law and practice for the time being in force in England.

 

Native Law and Custom

Application of native laws and customs.

 

34. (1) The High Court shall observe, and enforce the observance of, every native law and custom which is not repugnant to natural justice, equity, and good conscience, nor incompatible either directly or by implication with any law for the time being in force, and nothing in this law shall deprive any person of the benefit of any such native law or custom.

(2)     Such laws and customs shall be deemed applicable in causes and matters where the parties thereto are natives and also in causes and matters between natives and non-natives where it may appear to the Court that substantial injustice would be done to either party by a strict adherence to the rules of English Law.

(3)     No party shall be entitled to claim the benefit of any native law or custom, if it shall appear either from express contract or from the nature of the transactions out of which any suit or question may have arisen, that such party agreed that his obligations in connection with such transactions should be regulated exclusively by English law or that such transactions are transactions unknown to native law or custom.

(4)     In cases where no express rule is applicable to any matter in controversy, the Court shall be governed by the Principals of justice, equity and good conscience.

 

Practice and Procedure

Practice and procedure generally.

35. Subject to the other provisions of this Law the jurisdiction vested in the High Court shall be exercised, so far as regards practice and procedure, in the manner provided by this Law, by the Criminal Procedure Code or by any other written law including such rules and orders of court as may be made pursuant to this Law or any other written law and, in civil causes and matters, in so far as any such provisions shall not extend, in conformity mutatis mutandis with the practice and procedure for the time being of the High Court of Justice in England.

 

References to Court of Resolution

36. A decision of the High Court shall be subject to reference to the Court of Resolution on the ground that the Sharia Court of Appeal and not the High Court had jurisdiction in any particular cause or matter.

 

PART IV- SPECIAL PROVISIONS RELATING TO APPELLATE JURISDICTION

37. The provisions of this Part shall have effect only subject to the provisions of the Constitution of the Federation and the Constitution of Northern Nigeria relating to the appellate jurisdiction of courts established for a Region.

 

Jurisdiction of High Court in appeals and cases stated from lower courts.

38. The high Court shall have appellate jurisdiction to hear and determine all appeals from the decisions of District Courts and magistrates’ courts given in the exercise of the original jurisdiction of such courts as well as cases stated or questions or law referred by such courts in accordance with the provisions of any written law.

 

Power of revision of decisions of District Courts or magistrates’ courts.

39. The High Court shall have powers of revision in respect of all proceedings in District Courts or magistrates’ courts in accordance with the provisions of any written law.

 

Constitution of the High Court in its appellate jurisdiction.

40. (1) The High Court in the exercise of its appellate jurisdiction shall, subject to the provisions of Part V, be constituted of not less than two judges, and the Chief Judge or Senior Puisne Judge shall where practicable preside at each sitting of a court so constituted.

(2)     The determination of any question before a court constituted under this section shall be according to the opinion of the majority of the members of the court hearing the appeal.

(3)     Where in any appeal heard by a court constituted of two judges only the members of the court fail to agree upon any matter for decision on the appeal then if one of the members agrees with the judgement of the court or authority from which the appeal is brought that judgement shall be deemed to be the judgement of the court and in any other event and subject to the provisions of sub-section (4) the appeal shall be reserved for hearing before a court constituted of an uneven number of judges not being less than three.

(4)     Where a court is constituted of two judges only and at any stage of the hearing of a appeal before judgement is delivered either or both of such judges are of the opinion that the appeal should be reserved for hearing before a court consisting of an uneven number of judges not being less than thee it shall be so reserved.

(5)     The provisions of this section shall be in addition to and not in derogation of the provisions of any other written law prescribing the constitution of the High Court in its appellate jurisdiction in any particular class of case.

 

Judgement of the High Court in criminal appeal cases

41. Unless the court shall direct to the contrary in cases where, in the opinion of the court, the question is a question of law on which it would be convenient that separate judgments should be pronounced by the members of the court, the judgement of the court in criminal appeal cases shall be pronounced by the presiding judge or such other member of the court hearing the case as the presiding judge may direct, and no judgement with respect to the determination of any question shall be separately pronounced by any other member of the court.

 

Power of High Court in appeals from District Courts.

42. On the hearing of any appeal from a District Court the High Court may draw any inference of fact and either-
43. (a) order a new trial on such terms as the court thinks just; or

(b)     order judgement to be entered for any party; or

(c)     make a final or other order on such terms as the court thinks proper to ensure the determination on the merits of the real question in controversy between the parties.

 

Procedure on appeal.

44. Subject to the provisions of this and any other written law the procedure, practice and manner of appeals from District Courts shall be in accordance with any rules made under this Law and any other written law authorizing the making of such rules.

 

Appearance of appellant. N.R. 14 of 1960.

45. In appeals from a District Court the Appellant shall be entitled to be present at the hearing of the appeal and may appear either in person or by a legal practitioner.

 

Appeals from Magistrates’ Courts

Summary dismissal of criminal appeal.

46. (1) When the High Court has received the requisite notice of appeal and memorandum of the grounds of appeal in a criminal appeals from a magistrate, a judge shall peruse the same, and if he considers that there is no sufficient ground for interfering may dismiss the appeal summarily;

Provided that no appeal shall be dismissed summarily unless the appellant or the legal practitioner appearing for him has had a reasonable opportunity of being heard in support of the same.

(2)     Whenever an appeal is summarily dismissed notice of such dismissal shall forthwith be given to the Attorney-General and to the appellant or to the legal practitioner appearing for him.

 

Notice of time, place and hearing.

47. If the judge does not dismiss the Appeal summarily, he shall cause notice to be given to the Appellant and to the Respondent or to their respective legal practitioners, if any, on the record and if one of the parties is a public officer, to the Attorney-General of the time and place at which such appeal will be heard and shall furnish the Attorney-General with a copy of the proceedings and of the notice and grounds of appeal and the provisions of the Criminal Procedure Code shall apply to such service.

 

Determination of criminal appeals from magistrates.

48. On the hearing of any appeal against a conviction by a magistrate in a criminal case the Court shall allow the Appeal if it thinks that the judgment of the magistrate should be set aside on the ground that –

(a)     It is unreasonable or cannot be supported having regard to the evidence; or

(b)     The magistrate has made a wrong decision on any question of law; or

(c)     There was a miscarriage of justice, and in any other case shall dismiss the appeal;

Provided that the Court may, notwithstanding that it is of opinion that the point raised in the Appeal might be decided in favour of the Appellant, dismiss the Appeal if it considers that no substantial miscarriage of justice has actually occurred.

 

Power of High Court in criminal appeals from Magistrates.

49. On the conclusion of the hearing of an appeal from a magistrate in a criminal case the High Court shall at the same or any subsequent sitting pronounce judgment on the Appeal and in giving such judgment the court may;

(a)     On an appeal from a conviction

(i)      Reverse the finding and sentence, and acquit or discharge the accused, or order him to be retired by a court of competent jurisdiction, or commit him for trial; or

(ii)     Alter the finding, maintaining the sentence or, with or without altering the finding, reduce or increase the sentence; or

(iii)    With or without such reduction or increase and with or without altering the finding, alter the nature of the sentence; or

(iv)    Annul the conviction and substitute a special finding to the effect that that accused was guilty of the act or omission charged, but was insane so as not to be responsible for his action at the time when he did the act or made the omission and order the accused to be confined as a criminal lunatic in a lunatic asylum, prison or other suitable place of safe custody;

(b)     On an appeal from an order of discharge or acquittal, affirm such order or, if the High Court is of opinion that such order should not have been made, remit the case together with the judgement of the High Court thereon to the Court of trial for determination, whether or not by way of rehearing, with such directions as the High Court may think necessary;

(c)     On an appeal from any other order, affirm, alter or reverse such order;

And in each case may make any amendment or any consequential or incidental order that may appear just and proper.

 

Effect of wrong venue.

50. No finding, sentence or order of any magistrate’s court sitting in its criminal jurisdiction shall be set aside merely on the ground that the inquiry, trial or other proceedings, in the course of which it was arrived at or passed, took place in a wrong division or district unless it appears that such error has in fact occasioned a failure of justice.

 

Appearance of appellant in criminal cases.

51. (1) In a criminal appeal from a magistrate an appellant who is not in custody shall be entitled to be present at the hearing of the appeal and may appear either in person or by a legal practitioner.

(2)     In a criminal appeal from a magistrate an appellant who is in custody shall not be entitled as of right to be present at the hearing of the Appeal and his attendance or otherwise shall be in the discretion of the High Court, but every appellant shall be in the discretion of the High Court, but every appellant shall be entitled to be represented at the hearing of the appeal and for this purpose may either appear in person or by a legal practitioner.

 

General Provisions relating to Appeals from District Courts and Magistrates’ Courts

Defects in notice of appeal and recognizance.

52. No objection shall be taken or allowed on any appeal from a District Court or a magistrate’s court to any notice of appeal which the due prosecution of such appeal for any alleged error or defect therein; but if any such error or defect appears to the High Court to be such that the Respondent on such appeal has been thereby deceived or misled, it shall be lawful for the Court to amend the same and, if it is expedient to do so, also to adjourn the further hearing of such appeal, such amendment and adjournment, if any, being made on such terms as the court may deem just.

 

Objections to form of grounds for appeal.

53. (1) No objection on account of any defect in the form of setting forth any ground for appeal shall be allowed in an appeal from a District Court or a magistrate’s court, unless the High Court is of opinion that the ground of appeal is so imperfectly or incorrectly stated as to be insufficient to enable the respondent to inquire into the subject matter thereof or to prepare for the hearing.

(2)     In any case where the Court is of opinion that any objection to any reason for appeal ought to prevail, the Court may if it thinks fit, cause the reason for appeal forthwith to be amended by the registrar upon such terms and conditions, if any, as the court may think just.

 

Objections to complaint, charge, conviction or order.

54. If, on the hearing of an appeal from a District Court or a magistrate’s court, it appears that there is any defect in form in the charge, complaint or plaint, or any omission or mistake in the drawing up of the decision or order and if it is shown, to the satisfaction of the High Court, that there was sufficient evidence before the District Judge or the magistrate who made such decision or omission or mistake, the High Court shall amend such information, complaint or plaint or such decision or order and proceed thereafter as if no such defect, omission or mistake had existed.

 

Defects in proceedings under appeal.

55. On any appeal from a decision of a District Court or a magistrate’s court no objection shall be taken or allowed to any proceeding in such for any defect or error which might have been amended by such court, or to any complaint, summons warrant, or other process to or of such court for any alleged defect therein in substance or in form, or for any variance between any complaint or summons and the evidence adduced in support thereof in such court;

Provided, however, that if any error, defect, or variance mentioned in this section appears to the High Court at the hearing of any appeal to such that the Appellant has been thereby deceived or misled, it shall be lawful for the High Court either to refer the case back to the District Judge or the magistrate, as the case may be, with directions to rehear and determine the same or to reverse the decision appealed from, or to make such other for disposing of the case as justice may require.

 

Additional evidence.

56. On any appeal from a decision of a District Court or a magistrate’s court the High Court may, where it may consider it necessary that evidence should be adduced, either;

(a)     Order such evidence to be adduced before the High Court on some day to be fixed in that behalf; or

(b)     Refer the case back to the District Judge or the Magistrate, as the case may be, to take such evidence, and may in such case either direct the District Judge or the Magistrate, as the case may be, to adjudicate afresh after taking such evidence and subject to such directions in law, if any, as the Court may think fit to give, or direct him, after taking such evidence, may think fit to give, or direct him, after taking such evidence, to report specific findings of fact for the information of the Court; and on any such reference the case shall, so far as may be practicable and necessary, be dealt with as if it were being heard in the first instance.

 

Restriction on review.

57. The High Court shall not review any judgement or order once made and delivered by it in an appeal from a District Court or a magistrate save where and in such cases a similar review might be made in Her Majesty’s High Court of Justice in England.

 

Costs in appeals from District Judges and Magistrates.

58. Subject to the express provisions of this Law, the High Court may in any appeal from a District Judge or a Magistrate make such order as to the costs of the proceedings in the District Court or the magistrate’s court, as the case may be, as it may think just.

 

Notice of appeal and limitation of time.

59. (1) An appeal from a magistrate’s court shall be commenced by the Appellant giving to the Registrar of the Magistrate’s Court notice of such appeal, which shall be verbal or in writing, and if verbal shall forthwith be reduced to writing by the Registrar and signed by the Appellant, or by a legal practitioner if a legal practitioner is representing him.

(2)     Subject to the provisions of subsection (3), a notice of appeal under subsection (1) shall be given in every case before the expiration of the thirtieth day after the day on which the court has made the decision appealed against.

(3)     A notice of appeal under subsection (1) in respect of a sentence of caning shall be given in every case before the expiration of the fifteenth day after the day on which the court has made the decision appealed against.

 

Enlargement of time.

60. The High Court may, if it deems fit, enlarge any period of time prescribed by this Law (other than the period of time prescribed in subsection (3) of section (58) or the District Courts Law or the Criminal Procedure Code Law (except where the Law prescribes a period of time within which notice of appeal must be given against a sentence of caning) or any rules made under any of such Laws.

 

Finality of judgment.

61. Every judgment of the High Court in an appeal from a District Court or a Magistrate’s Court shall, subject to the provisions of the Constitution of the Federal Republic of Nigeria 1999 or any written law relating to further appeal, be final and conclusive.

 

Provisions Pending Appeal

Provisions pending appeal.

62. (1) Where an appeal to the Appeal Court is entered, or leave to appeal is granted, against a conviction in respect of which the Appellant has been sentenced to imprisonment, the High Court may, in its discretion, admit the Appellant to bail pending the determination of the Appeal; and any time during which the Appellant is so admitted to bail, shall not count as part of the term of imprisonment to which he was sentenced.

(2)     The operation of any order made on conviction by the High Court for the payment of compensation or of any of the expanses of the prosecution or of the imprisonment or of other punishment imposed on the person convicted or for the restoration of any property to any person, and the revesting in case of any such conviction, in the original owner or his personal representative of the property in stolen goods, shall (unless the judge before whom the conviction takes place directs to the country in any case in which in his opinion, the title to the property is not in dispute) be suspended until the expiration of fifteen days after the date of the conviction.

(3)     Subject to the provisions of subsections (1) and (2) of this section, an appeal to the High Court shall not operate as a stay of execution by the High Court may order a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with rules of court.

 

PART V – APPEALS FROM AREA COURTS

High Court to hear appeals from grade A and Grade A limited native courts and provincial courts.

63. The High Court shall have jurisdiction to hear appeals (other than appeals in respect of matters which are the subject of the jurisdiction of the Sharia Court of Appeal) from Area.

 

Composition of High Court on appeal.

64. (1) In the exercise of its jurisdiction under section 48 the High Court shall be constituted of two members of whom shall be judges of the High Court.

(2)     The member of a court constituted in accordance with sub-section (1) who is considered by a majority of the members of such court to have the greatest knowledge of the law to be administered in a particular appeal shall preside at the hearing of such appeal.

 

Assessors in native court appeals.

65. (1) On the hearing of an appeal from an area court in the exercise of its jurisdiction under section 48 the High Court may, if it shall think fit so to do, require the aid of one or more assessors and may hear the appeal wholly or partially with their assistance.

(2)     The High Court may require the aid of such persons as it shall think fit in the capacity of assessors and it shall not be necessary for such persons to be specially qualified within the meaning of subsection (1) of section 87.

 

English law not to be applied in cases governed by native law and custom.

66. Where the jurisdiction conferred on any native court is, as regards law, practice or procedure, regulated in any particular by native law and custom, no objection to any proceeding in such court shall be taken or allowed on the hearing of an appeal from a decision of such court on the ground only that, in any such particular, there has been a failure to observe any principle of English Law or any English rule of evidence or procedure, if such proceeding or decision is not in fact contrary to natural justice, morality, equity or good conscience nor incompatible with the provisions of any written law.

 

PART VI – DIVISIONS, DISTRIBUTION OF BUSINESS, SESSIONS, ETC

Court open throughout the year.

67. The Court shall be open through the year except on Saturdays and Public Holidays for the transaction of the general legal business pending therein.

 

Divisions and distribution of business.

68. (1) For the more convenient dispatch of business the Court may sit in two or more divisions.

(2)     Subject to the other provisions of this Law and in particular to sections 68 and 69 the Chief Judge

(a)     Shall direct one or more judges to sit in one or more judicial divisions;

(b)     May determine the distribution of the business before the court among the judges thereof; and

(c)     May assign any judicial duty to any judge or judges.

 

Regulation of Sessions.

69. (1) The Chief Judge may from time to time by order provide in such manner and subject to such conditions as to the Chief Judge may seem fit for all or any of the following matters –

(a)     For the dividing of Northern Nigeria into areas to be known as judicial divisions, for the assignment of any portion of Northern Nigeria to any judicial division and for the designation of any such judicial division by name;

(b)     For the appointment of the place or places within Northern Nigeria which sessions of the High Court are to be held;

(c)     For the appointment of the dates for holding the sessions at any place and for the alteration of any such dates by such authority and in such manner as may be specified under this section where by reason of the pressure of business or other unforeseen cause it is expedient to alter the date so appointed;

(d)     For carrying into effect as may seem necessary to the Chief Judge made under this section and without prejudice to the generality of the foregoing power for the attendance, jurisdiction, authority and duty of sheriffs, gaolers, officers, interpreters, and persons, the use of any prison, removal of prisoners, the transmission of any document or exhibit, the costs of the prosecution and defence and of maintain and removing prisoners;

(e)     For the regulation, so far as may be necessary for carrying into effect any made under this section, of the venue in all cases, civil and criminal, triable at any sessions;

(f)      For any matters which appear to Chief Judge to be necessary or proper for carrying into effect any under this section.

(2)     Every order in council made under this section shall be published in the Northern Nigeria Gazette and while in force shall have effect as if enacted in this Law.

(3)     The draft of every Order in Council proposed to be made in pursuance of this section shall (unless it shall have been prepared by or at the direction of the Chief Justice) be submitted to the Chief Justice before its presentation to the Executive Council and the Chief Justice shall be entitled to make representations to the Executive Council touching the contents of such draft.

 

Power to dispense with holding of sessions in places where unnecessary.

70. (1) if at any time it appears to the Chief Judge that there is no business or no substantial amount of business to be transacted at a Sessions then about to be held at any place and that having regard to all the circumstances of the case it is desirable that an order should be made under this section, he may be order direct that sessions shall not on that particular occasion be held at that place and where any such order is made then, notwithstanding any order in council made under section 68, sessions shall not on that occasion be held at the place specified in the order.

(2)     There may be included in an order made under this section provision for any matters (including any of the matters mentioned in paragraph (d) of subsection (1) of section 43) for which it appears to the Chief Judge to be necessary or proper to make provision with a view to giving full effect to the order.

 

Effect of judge’s absence from a sitting

71. (1) In case the Judge who should preside over the sitting of the Court is for any cause unable or fails to attend the same on the day appointed, and no other judge shall attend in his stead, the Judge shall make a report of the facts to the Chief Judge in the most expeditious manner available to him and the Chief Judge shall thereupon give such direction in the matter as he shall think fit.

(2)     If the Judge is unable by reason of illness or any other cause to make a report in pursuance of subsection (1) the Registrar of the Court concerned shall make such report.

 

Power of Transfer

Transfer of cause to District Court or Magistrate’s Court.

72. (1) A judge may at any time or at any stage of the proceedings before final judgment, and either with or without application from any of the parties thereto, transfer any cause or matter before him to a District Court in the case of a civil cause or matter or a magistrate’s court in the case of a criminal cause;

Provided that no cause or matter shall be transferred to a District Court or a magistrate’s court unless the District Judge or the magistrate thereof, as the case may be, has jurisdiction to hear and determine the same.

(2)     The power of transfer under this section shall be exercised by means of an order under the hand of the Judge and the seal of the court.

 

Transfer of cause from one judge to another.

73. (1) The Chief Judge may at any time or any stage of the proceedings before judgment, and either with or without application from any of the parties thereto, transfer any cause or matter before a judge to any other judge.

(2)     The power of transfer under this section shall be exercised by means of an order under the hand of the Chief Judge and the Seal of the Court, and may apply-

(a)     To any particular cause or matter in dependence either –

(i)      In its entirety; or

(ii)     In respect of any part thereof; or

(iii)    In respect of any procedure to be taken thereon; or

(b)     Generally to all such causes or matters as may be described in such order whether future or in dependence at the date of the order.

(3)     The power conferred upon the Chief Judge by this section shall be in addition to and not in derogation from any other power or duty to transfer conferred or imposed upon a judge by this Law or by any other written Law.

 

Power to cancel or vary order of transfer

74. The Chief Judge as the case may be, may, at any time before final judgment has been transferred, cancel, vary or amend any order made by him under section 47or 46 respectively.

 

Telegram of have validity of order.

75. The Chief Judge as the case may be, may if it appear expedient, in the first instance transmit by telegram the contents of any other made by him under section 46, 47 or 48 and such telegram shall, until receipt of the said order, have the same validity and effect as if it were the said order.

 

Effects of order of transfer.

76. (1) Every order of transfer shall operate as a stay of proceedings before the judge from whom the proceedings are ordered to be transferred.

(2)     A certified copy of the record of such proceedings shall be transmitted to the judge, District Judge or magistrate to whom the same has been ordered to be transferred.

 

Power to transfer cause to native court.

77. A judge may at any time or at any stage of the proceedings before final judgment by order under his hand and the seal of the court transfer any cause or matter before him to a native court having jurisdiction in such cause or matter.

 

Order of transfer not subject to appeal.

78. No appeal shall, subject to the provisions of section 36, lie from any order of transfer made under section 46, 47, 48,49, or 50.

 

Transfer to Sharia Court of Appeal.

79. (1) Area on or at any time before the hearing of any appeal from any area court that the High Court, if it is of opinion that the Appeal should properly have been brought before the Sharia Court of Appeal, or the Customary Court of Appeal may, at any time or at any stage of the proceedings before final judgment, and either with or without application from any of the parties thereto, and with the consent in writing of the Grand Khadi, or the President transfer such appeal to the Sharia Court of Appeal or the Customary Court of Appeal .

(2)     The power of transfer under this section shall be exercised by means of an order under the hand of the presiding judge of the High Court.

 

Transfer from Sharia Court of Appeal.

80. Notwithstanding anything contained in any rules made under section 116 to the contrary, no appeal transferred to the High Court by the Sharia Court of Appeal in accordance with section 15 of the Sharai Court of Appeal Law, shall be questioned on the ground that it has not been entered within the time prescribed for entering appeals of the High Court.

 

PART VII – GENERAL PROVISIONS RELATING TO TRIAL, PRACTICE AND PROCEDURE

Trial by judge alone

Mode of trial in original jurisdiction.

81. Every proceeding in the High Court in the exercise of its original jurisdiction and all business arising thereout shall, so far as is practicable and convenient and subject to the provisions of any written law, be heard and disposed of by a single judge, and all proceedings in an action subsequent to the hearing or trial, down to and including the final judgment or order, shall so far as is practicable and convenient, be taken before the judge before whom the trial or hearing took place.

 

Power of single judge in court and in chambers.

82. A judge may, subject to rules of court, exercise in court or in chambers all or any part of the jurisdiction vested in the High Court in all such causes and matters and in all such proceedings in any causes or matters as may be heard in court or in chambers respectively by a single judge of the High Court of Northern Nigeria.

 

Discharge of orders made in chambers.

83. Subject to the provisions of this Law with respect to appeals in matters of practice and procedure, every order made by a Judge in chambers, except such orders as to costs only which by law are left to the discretion of the court, may upon notice be set aside or discharged by the judge sitting in court.

 

Procedure where second action for same cause.

84. (1) If any party sues another in the High Court for any cause of action for which he has already sued him and for which judgment other than a judgment of non-suit has been given in the High Court or any other court, upon proof of such former action having been brought and judgment having been given, the party so suing shall not be entitled to recover in such second action, and may, if the court thinks fit, be adjudged to pay three times the costs of such second action to the opposite party.

(2)     A judgement of the Supreme Court or of any court which is or may be established in Western Nigeria, Eastern Nigeria, or the Federal Territory of Lagos in favour of any party of any cause or matter before that court may in respect of the same subject matter be pleaded as a defence to any proceedings commenced in the High Court of Northern Nigeria by the unsuccessful party to such cause or matter.

 

Keeping Minutes

Notes of evidence and minutes of proceedings to be kept by presiding judge.

85. (1) In every cause or matter the Presiding Judge shall take down in writing the purport of all oral evidence given before the Court and minutes of the proceedings and shall sign the same at any adjournment of the case and at the conclusion thereof.

(2)     No person shall be entitled, as of right, to the inspection of or to a copy of the records so kept as aforesaid save as may be expressly provided for by rules of court.

(3)     The record so kept as aforesaid or a copy purposing to be signed and certified as a true copy by the registrar shall at all times, without further proof, admitted as evidence of such proceedings and of the statement made by the witnesses.

 

Inspection

Inspection.

86. In any cause the court may on the application of either party, or of its own motion, make such order for the inspection by the court, the jury, the parties of witnesses, of any movable or immovable property, the inspection of which may be material to the proper determination of the question in dispute, and give such direction respecting such inspection as to the court may seem fit.

Trial with a Jury or with Assessors

Power of Governor in Council to direct trial with a jury.

87. (1) The Governor in council may be order direct that:-

(a)     Any class of civil causes or matters commenced in the High Court in its original jurisdiction; and

(b)     Any offence or class of offences arising in any place or district specified in such order and charged against any person or class of persons as may also be specified in such order; shall be tried with a jury.

(2)     Any trial with a jury of any civil cause or matter under the provisions of paragraph (a) of subsection (1) shall be conducted in accordance with the provisions of:-

(a)     the Jury Law in so far as the same may be applicable; and

(b)     any rules of court which may be made by the Chief Justice in that behalf under the provisions of section 116.

(3)     Any trial with a jury of any offence under the provisions of paragraph (b) of subsection (1) shall be conducted in accordance with the provisions of:-

(a)     the criminal procedure Code;

(b)     the Jury Law, in so far as the same may be applicable; and

(c)     any rules of court which may be made by the Chief Justice in that behalf under the provisions of section 116.

 

Trial with assessors.

88. (1) In any civil cause or matter before the High Court the court may, if it thinks it expedient so to do, call in the aid of one or more assessors specially qualified, and may try and hear the cause or matter wholly or partially with their assistance.

(2)     The remuneration if any, to be paid to an assessor shall be determined by the court.

 

Questions of foreign and native law or custom to be decided by judge alone.

89. Where for the purpose of disposing of any action or other matter which is being tried in the High Court by a judge with a jury or assessors it is necessary to ascertain the law of any other country or native law or custom of Nigeria which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law or custom shall, instead of being submitted to the jury or assessor, be decided by the judge alone.

 

Inquiries and Trials by Referees

Reference for report.

90. (1) Subject to rules of court a judge may refer to an official or special referee for inquiry or report any question arising in any cause or matter, other than a criminal proceeding.

(2)     The report of an official or special referee may be adopted wholly or partially by the court or a judge, and if so adopted may be enforced as a judgement or order to the same effect.

 

Reference for trial..

91. In any cause or matter, other than a criminal proceeding:-

(a)     If all the parties interested who are not under disability consent; or

(b)     If the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the court or a judge conveniently be conducted by the court through its ordinary officers; or

(c)     If the question in dispute consists wholly or in part of accounts, the court or a judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties, or before an official referee or officer of the court.

 

Powers and remuneration of referees and arbitrators.

92. (1) In all cases of reference to an official or special referee or arbitrator, the official or special referee or arbitrator shall be deemed to be an officer of the court, and subject to rules of court shall have such authority, and conduct the reference in such manner, as the court or a judge may direct.

(2)     the report or award of an official or special referee or arbitrator on any reference shall, unless set aside by the court or a judge, be equivalent to a finding of the court.

(3)     the remuneration to be paid to a special referee or arbitrator to whom any matter is referred under an order of the court or a judge shall be determined by the court or a judge.

93. The court or a judge shall, in relation to references, have all such powers as are conferred by the Arbitration Law on the court or a judge in relation to submissions.

 

Power to order habeas corpus ad testificandum to issue.

94. The court or a judge may order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee or arbitrator.
95. A referee or arbitrator may at any stage of the proceedings under a reference, and shall, if so directed by the court or a judge, state in the form of a special case for the opinion of the court any question of law arising in the course of the reference.

Power of court to impose terms as to costs.

96. An order made under the provisions of this Law relating to inquiries and trials by referee may be made on such terms as to costs or otherwise as the court or a judge thinks fit.

 

Costs in certain cases

Disallowance of costs in certain cases.

97. Costs shall be allowed to a successful plaintiff on the scale prescribed for similar proceedings in a lower court in any action brought by him in the High Court which might have been tried in a lower court in its civil jurisdiction, unless the judge is of the opinion that the action was one which it was proper to bring in the High Court and certifies accordingly.

 

Power to arrest Debtor in certain cases

Power to arrest debtor quitting Nigeria or Northern Nigeria.

98. (1) Where the Plaintiff in any action in the High Court proves at any time before final judgement by evidence on oath to the satisfaction of the Court that he has good cause of action against the defendant to any amount and that there is probable cause for believing that the defendant is about to quit Nigeria or Northern Nigeria unless he be apprehended and that the absence of the defendant from Nigeria or Northern Nigeria will materially prejudice the plaintiff in the prosecution of his action, the court may, in the manner prescribed by rules of court, order such defendant to be arrested and imprisoned for a period not exceeding six months unless and until he has paid into court the sum claimed and costs, or given security as prescribed by rules of court, that he will not go out of Nigeria or Northern Nigeria without the leave of the court, in a sum not exceeding the amount claimed in the action.

(2)     Where the claim is for a penalty or sum in the nature of a penalty other than a penalty in respect of any contract, the provision of subsection (1) shall apply as if it were an action but it shall not be necessary to prove that the absence of the defendant from Nigeria or Northern Nigeria will materially prejudice the plaintiff in the prosecution of his action and the security given, instead of being that the defendant will not got out of Nigeria or of Northern Nigeria, shall be to the effect that any sum recovered against the defendant in the action shall be paid or that the defendant shall be rendered to prison.

 

Witnesses

Allowances to witnesses and method of payment.

99. (1) The presiding judge may in any cause or matter order and allow to all persons required to attend, or be examined as witnesses, such sum or sums of money as may be specified by rules of courts as well for defraying the reasonable expenses of such witnesses, as for allowing them a reasonable compensation for their trouble and loss of time.

(2)     All sums of money so allowed shall be paid in civil proceedings by the party on whose behalf the witness is called, and shall be recoverable as ordinary costs of suit if the court shall so order, and in criminal proceedings they shall, unless by the country ordered to be paid by the party convicted or the prosecutor, be paid out of the general revenue.

100. Subject to the provisions of the Evidence Act any person summoned as a witness in the Court who

(a)     Refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or

(b)     Refuses to be sworn or make an affirmation or give evidence, shall forfeit a sum not exceeding one hundred pounds as the judge may direct;

Provided that no person so summoned shall forfeit a sum unless there has been paid or tendered to him at the time of the service of the summons such amount in respect of this expenses as may be prescribed including, in such cases as may also be prescribed, compensation for loss of time.

 

Persons in court may be required to give evidence though not summoned.

101. Any person present in court, whether a party or not in a cause, may be compelled by the court to give evidence, and produce any document in his possession, or in his power, in the same manner and subject to the same rules as if he had been summoned to attend and give evidence, or to produce such document and may be punished for any refusal to obey the order of the court.

 

Evidence of prisoners

102. A judge may issue a warrant under his hand for bringing up any person confined as a prisoner under any sentence or order of commitment for trial or otherwise, or under civil process, to be examined as a witness in any cause depending, or to be inquired of, in the court;

Provided that such warrant shall not be granted as of course, nor unless the judge shall have probable grounds for believing that the evidence of the prisoner is likely to prove material.

 

Production of prisoner.

103. The superintendent of Prisons or person in whose custody such prisoner may be shall forthwith obey such warrant by bringing the prisoner to the court in his custody, or by delivering him to an officer of court, as the warrant may order, and if the prisoner shall under the terms of the warrant be delivered to any officer of the court, the Superintendent of Prisons or other person shall not be liable for the escape of such prisoner.

 

Saving of Rules of Evidence

Law not to affect rules of evidence or juries.

104. Nothing in this Law and nothing in rules of court made or to be made under this Law shall affect the mode of giving evidence by the oral examination of witnesses, or the rules of evidence, or the law relating to jurymen or juries.

Provided that nothing in this section shall

(a)     Prejudice the operation of any rules of court made in pursuance of the express power conferred by this Law to make rules of court for regulating;

(i)      The means by which particular facts may be proved and the mode in which evidence thereof may be given; or

(ii)     Trials by the court with a jury in so far as the same shall be compatible with the law relating to jurymen and juries;

(b)     Affect the power of the court for special reasons to allow depositions or affidavits to be read.

 

Representation of Parties

Right of appearance of legal practitioners.

105. Subject to the provisions of this or any other written law all persons admitted to practice as legal practitioners in the Supreme Court shall have the right to practice as such in the High Court.

 

Representation of the state and Government departments.

106. (1) In the case of a prosecution by or on behalf of the state or by any public officer in his official capacity, the state or that officer may be represented by a law officer, State Counsel, administrative officer, police officer or by any legal practitioner or other person duly authorized in that behalf by or on behalf of the Attorney-General or in revenue cases, authorized by the head of the department concerned.

(2)     Subject to the provisions of the Land Tenure Law in any civil cause or mater in which the state or any public officer in his official capacity is a party or in any civil cause or matter affecting the revenues of the Federation or of Northern Nigeria or the officer may be represented by a law officer, state counsel, administrative officer or by any legal practitioner or other person duly authorized in that behalf by or on behalf of the Attorney-General or, in revenue cases, authorized by the head of the department concerned.

(3)     Nothing contained in this section shall be construed as so to restrict the right of any Attorney-General, Director of Public Prosecutions, Solicitor-General, Legal Secretary or State counsel of any part of the Federation to appear in any case in which he has been instructed to appear in any court in Northern Nigeria in which counsel may appear, and no objection to his appearance may be taken or entertained in any court upon any ground based solely upon the provisions of this section.

 

Award of costs where public officer represented by law officer, etc.

107. In any civil cause or matter in which a public officer of Northern Nigeria in his official capacity is a party, and is represented by a law officer, state counsel, administrative officer or other person duly authorized in that behalf by or on behalf of the Attorney-General, the court may award costs either-

(a)     To or against such public officer personally; or

(b)     To or against the Northern Nigeria Government

 

Representation of native authority

108. In any cause, matter or appeal to which a native authority is a party such native authority may be represented at any stage, of the proceedings by any member or officer of the native authority who shall satisfy the High Court that he is duly authorized in that behalf.

 

Representation of first and second class chiefs.

109. In any suit brought by or against a first or second class chief in either his official or personal capacity such chief may be represented in the High Court at any stage of the proceedings by any native of his chiefdom who shall satisfy the court that he has the authority to represent such chief.

 

Acting without authority contempt of court.

110. (1) Any person who does any act or takes any step in any proceedings in the High Court at any stage thereof in the name of or on behalf of any other person without being thereunto lawfully authorized and who knows himself not to be so authorized shall be guilty of contempt of court.

(2)     Proceedings for contempt of court under this section may be taken against any person by the court either on its own motion or on the relation of any other person.

 

PART VIII – OFFICERS OF THE COURT AND RULES OF COURT

Chief Registrar, Probate Registrar and other officers.

111. (1) The Chief Registrar of the High Court, registrars and deputy registrars shall perform such duties in execution of the powers and authorities of the court as may from time to time be assigned to them by the Rules of Court, or subject thereto, by any special order of the Chief Judge.

(2)     There shall be a Probate Registrar of the High Court and his office shall be filled by the Chief Registrar unless and until some other person or officer shall be appointed.

 

Negligence or misconduct of officers.

 

112. If any officer of the court, employed to execute an order, willfully or by neglect or omission loses the opportunity of executing it, then on compliant of the person aggrieved, and proof of the fact alleged, the court may, if it thinks fit, order the officer to pay the damages sustained by the person complaining, or part thereof, and the order shall be enforced as an order directing payment of money.

 

Restriction on officers of court buying property sold at execution.

113. No officer of the Court shall or may directly or indirectly or by the intervention of a trustee or otherwise purchase any property sold at execution, and in the event of any such person purchasing or being interested in the purchase of any property at an execution sale, such purchase shall be entirely void;

Provided that nothing herein contained shall prevent any such person from purchasing by leave of the court at an execution sale, any property which it may be necessary for him to purchase in order to protect the interest of himself, his wife or child.

 

Appointment of commissioners for affidavits or

Commissioners for Oaths

114. (1) The Chief Judge may appoint under his hand and the Seal of the Court, from time to time, such and so many persons as may be requisite to be commissioners within Northern Nigeria for taking affidavits and declarations and receiving production of documents, or for taking the examination of witnesses on interrogatories or otherwise which may be necessary to be taken in respect of any proceedings in the court, and any order of the court for the attendance and examination of witnesses or production of documents before any such commissioner shall be enforced in the same manner as an order to attend and be examined or produce documents before the court.

(2)     All persons who were before the date of commencement of this Law dully appointed commissioners for oaths in Nigeria shall be deemed to be commissioners for oaths duly appointed in pursuance of this section.

115. No action shall be brought against any commissioner in respect of any act or order bona fide performed or made by him in the execution, or supposed execution, of the powers or jurisdiction vested in him, but every such act or order if in excess of such powers and jurisdiction shall be liable to be revised, altered, amended or set aside upon summary application to the court.

 

Protection of Judicial and certain other Officers

116. (1) No judge or person appointed under the provisions of subsection (1) of section 9 of act as a judge shall be liable for any act done by him or ordered by him to be done in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, provided that he at the time, in good faith, believed himself to have jurisdiction to do or order to be done the act in question.

(2)     No officer of any court or other person bound to execute any warrant or order issued by a judge or by a person acting as a judge shall be liable in any action for damages in respect of the execution of such warrant or order unless it be proved that he executed the same in an unlawful manner.

 

Rules of Court

117. (1) The Chief Judge with the approval of the Governor may make rules of court for carrying this Law into effect, and in particular for all or any of the following matters-

(a)     Regulating the pleading, practice and procedure of the court, including all matters connected with the forms to be used and the fees to be payable;

(b)     Regulating trials by the court with a jury or with assessors (subject nevertheless to the provisions of section 103);

(c)     Prescribing or permitting the use in or in connection with all, or any specified, documents, forms or records of court of a specific abbreviated version or versions of the name of the court;

(d)     Regulating-

(i)      The fees of legal practitioners; and

(ii)     The taxation and recovery of their fees and disbursements;

(e)     Defining, so far as conveniently may be defined by general rules, the duties of the several officers of court;

(f)      Regulating the procedure for the grant of probate and letters of administration and for securing the due administration of estates;

(g)     Requiring and regulating the filing of accounts by executors and administrators of estates;

(h)     Fixing the fees payable on the grant of probate and letters of administration and on all matters incidental to the administration of an estate until the passing of the final accounts and the discharge of the administrator;

(i)      Providing that no fees need he paid or that certain fees need not be paid or which fees must be paid on the grant of probate or letters of administration in respect of estates of small value;

(j)      Ascertaining the value of estates;

(k)     Regulating the administration of estates either generally or in respect of different classes or kinds of estates or of estates of different classes of persons;

(l)      Regulating and prescribing the procedure on appeals from any court or person to the High Court, and the procedure in connection with the transfer of proceedings from any lower court to the High Court or from the High Court to a lower court;

(m)    Regulating the time within which notice of appeal from the decision of any court to the High Court shall be given;

(n)     Subject to the provisions of Part VI, for regulating the sittings of the High Court and of the judges thereof whether sitting in court or chambers;

(o)     Prescribing what part of the business which may be transacted and of the jurisdiction which may be exercised by judges of the High Court in chambers may be transacted or exercised by registrars or other officers of the High Court, and for providing that any interlocutory application to be made in connection with or for the purpose of any appeal or proposed appeal to be heard by the court shall be heard and disposed of before a single judge;

(p)     Regulating any matters relating to the costs of proceedings in the High Court;

(q)     Regulating and prescribing the duties and procedure of referees and arbitrators;

(r)      Subject to the provisions of section 103, regulating the means by which particular facts may be proved, and the made in which evidence thereof may be given, in any proceedings or on any application in connection with or at any stage of any proceedings;

(s)     The arrest of absconding debtors and for giving security for their release;

(t)      Regulating the payment of allowances and travelling expenses of witnesses;

(u)     Providing for the service of execution of any wit, warrant, order or other process issuing out of our transmitted by a native court for service in like manner as similar process issuing out of the High Court; the payment of mileage before or after service or execution; the conditions precedent before any such process or process of certain classes will be served or executed and the procedure to be followed after the service or execution of such process;

(v)     Imposing penalties on any person who fails to take any action required by a rule of court or who disobeys any rule of court.

(2)     Rules of court made under this section shall apply to all proceedings by or against the state.

  Find other laws of Nasarawa State, Nigeria HERE

 

 

LAWS OF THE FEDERATION OF NIGERIA