THE JURISDICTION OF COURTS IN NIGERIA
Why Jurisdiction of Courts in Nigeria Matters
The jurisdiction of courts in Nigeria is one of the most fundamental pillars of the Nigerian legal system. It determines which court has the legal authority to hear a matter, decide it, and give a binding judgment. No matter how strong a case may appear, if it is filed before a court without jurisdiction, the entire proceedings are a nullity, no matter how well conducted.
For business owners, startups, investors, creators, tech founders, SMEs, and professionals, understanding court jurisdiction is not an abstract academic issue. It directly affects contract enforcement, intellectual property protection, commercial disputes, employment matters, tax issues, land disputes, and regulatory conflicts. Many otherwise valid claims fail in Nigeria not because they lack merit, but because they were brought before the wrong court.
This article provides a comprehensive, authoritative, and practical explanation of the jurisdiction of courts in Nigeria, written for readers without deep legal training but who require serious, reliable guidance. It explains how jurisdiction is determined, how Nigerian courts are structured, the role of subject matter, territory, and parties, and how jurisdiction affects intellectual property and commercial rights in practice.
What Is Jurisdiction in Nigerian Law?
In Nigerian jurisprudence, jurisdiction refers to the legal power or authority of a court to hear and determine a matter. It is the foundation upon which the entire adjudicatory process rests. Without jurisdiction, a court is said to be acting in vain, regardless of the quality of evidence or arguments presented.
Jurisdiction in Nigeria is not assumed; it must be conferred by the Constitution or by statute. Courts cannot extend their own jurisdiction by consent of parties, agreement, or convenience. This principle has been consistently affirmed by Nigerian appellate courts and remains settled law.
Constitutional Basis of Court Jurisdiction in Nigeria
The primary source of court jurisdiction in Nigeria is the Constitution of the Federal Republic of Nigeria 1999 (as amended). The Constitution establishes courts, defines their hierarchy, and allocates jurisdiction among them.
Courts created by the Constitution derive their authority directly from it, while other courts and tribunals derive their powers from statutes enacted pursuant to constitutional authority. Any law or action inconsistent with constitutional provisions on jurisdiction is void to the extent of that inconsistency.
Structure of Courts and Their Jurisdiction in Nigeria
The Supreme Court of Nigeria
The Supreme Court is the highest court in Nigeria. It exercises final appellate jurisdiction in civil and criminal matters. Its decisions are binding on all other courts. The Supreme Court also has limited original jurisdiction in disputes between the Federation and States or between States.
For businesses and investors, the Supreme Court becomes relevant primarily at the appellate stage, particularly in high-value commercial disputes, constitutional questions, and intellectual property appeals.
The Court of Appeal
The Court of Appeal serves as the intermediate appellate court between trial courts and the Supreme Court. It hears appeals from the Federal High Court, State High Courts, National Industrial Court, and other tribunals as prescribed by law.
The Court of Appeal does not typically exercise original jurisdiction, except in limited electoral matters. Its role is critical in correcting jurisdictional errors made by lower courts.
The Federal High Court and Its Jurisdiction
The Federal High Court occupies a central position in discussions about the jurisdiction of courts in Nigeria. It has exclusive jurisdiction over specific subject matters listed in the Constitution. These include, among others, matters relating to the revenue of the Federal Government, customs and excise, immigration, banking, admiralty, taxation of federal agencies, and intellectual property.
In intellectual property practice, disputes involving trademarks, copyrights, patents, and designs fall squarely within the jurisdiction of the Federal High Court. This means that an IP infringement action filed before a State High Court is fundamentally defective, regardless of its merits.
State High Courts and Their Jurisdiction
State High Courts possess residual and general jurisdiction over civil and criminal matters within their states, except where jurisdiction is exclusively conferred on the Federal High Court or another court.
State High Courts commonly handle land disputes, contracts, torts, family law, company disputes not reserved for the Federal High Court, and general commercial litigation. For many SMEs and entrepreneurs, this is the court of first instance for everyday business disputes.
The National Industrial Court of Nigeria
The National Industrial Court of Nigeria has exclusive jurisdiction over labour, employment, trade union, industrial relations, and workplace-related disputes. Matters involving employment contracts, wrongful termination, workplace intellectual property ownership, and employee inventions often fall within its jurisdiction.
Business owners frequently make the mistake of filing employment-related disputes before State High Courts, only for such cases to be struck out for lack of jurisdiction.
Magistrate Courts and Customary Courts
Magistrate Courts handle lower-value civil claims and minor criminal matters, subject to monetary and subject-matter limits defined by state laws. Customary Courts and Sharia Courts exercise jurisdiction over customary and Islamic law matters respectively, primarily in personal and family law disputes.
These courts do not have jurisdiction over intellectual property or complex commercial disputes.
Key Factors That Determine Jurisdiction of Courts in Nigeria
Subject Matter Jurisdiction
The nature of the dispute is the most critical factor in determining jurisdiction. Nigerian courts consistently hold that jurisdiction is determined by the claims before the court, not by the defence.
For example, once a claim involves trademarks, patents, or copyright infringement, jurisdiction automatically lies with the Federal High Court, irrespective of the parties involved.
Territorial Jurisdiction
Territorial jurisdiction relates to where the cause of action arose or where the defendant resides or carries on business. Filing a case in the wrong judicial division may not always nullify proceedings, but it can lead to transfer or delay.
Jurisdiction Based on Parties
In some cases, jurisdiction depends on the status of parties. Disputes involving federal agencies often fall under the Federal High Court. Employment disputes involving employers and employees fall under the National Industrial Court.
Jurisdiction and Intellectual Property Enforcement in Nigeria
The jurisdiction of courts in Nigeria plays a decisive role in intellectual property protection and enforcement. The Nigerian Copyright Commission and the Trademarks, Patents and Designs Registry administer IP registration, but enforcement lies with the courts.
Actions under the Trademarks Act, Copyright Act, and Patents and Designs Act must be commenced at the Federal High Court. Businesses that fail to observe this jurisdictional requirement often lose valuable time and incur unnecessary costs.
Common Jurisdictional Mistakes Businesses Make
One common error is filing IP disputes before State High Courts due to convenience or ignorance. Another is misunderstanding the scope of employment-related IP disputes, which may fall under the National Industrial Court rather than the Federal High Court.
Businesses also frequently conflate regulatory proceedings with judicial proceedings, assuming that administrative agencies can finally determine disputes that properly belong before the courts.
What Happens If a Case Is Filed in the Wrong Court?
Where a court lacks jurisdiction, the entire proceedings are void. The case may be struck out or dismissed, depending on the circumstances. Importantly, jurisdictional defects cannot be cured by amendment, consent, or waiver.
This underscores why early legal advice is critical before commencing litigation or enforcement actions.
Practical Implications for Businesses, Startups, and Investors
Understanding the jurisdiction of courts in Nigeria helps businesses make informed decisions about contract drafting, dispute resolution clauses, intellectual property enforcement, and litigation strategy. Jurisdictional awareness reduces risk, saves costs, and improves the chances of effective legal protection.
Conclusion: Jurisdiction Is the Gateway to Justice
The jurisdiction of courts in Nigeria is not a procedural technicality; it is the gateway to justice. Without jurisdiction, courts are powerless, and litigants are left without remedy. For intellectual property owners, entrepreneurs, investors, and professionals, jurisdiction determines whether rights can be effectively enforced or lost to procedural error.
A proper understanding of Nigerian court jurisdiction ensures that disputes are brought before the right forum, at the right time, and in the right manner.
Call to Action
If you are facing a commercial, intellectual property, or regulatory dispute in Nigeria, seeking early legal advice on court jurisdiction is essential. Consulting a qualified Nigerian intellectual property lawyer helps ensure that your matter is filed before the correct court and that your rights are fully protected.
Nigerian Lawyers Centre remains a reliable platform for legal education, professional guidance, and insights into Nigerian law. Before taking any legal action, protect your interests by understanding jurisdiction and engaging the right legal support from the outset.
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