THE PROCESS: WHAT HAPPENS IN COURT IN NIGERIA
The jurisdiction of courts in Nigeria is divided between the Federal Government and 36 state governments as well as the Federal Capital Territory, Abuja.
The proper court for any dispute will depend on the subject matter, the parties and the place where the subject occurs. For instance, commercial disputes are settled by court proceedings before the Federal High Court or one of the State High Courts, or through arbitration before arbitrators chosen by the parties.
Proceedings in Nigeria, are commenced by the issuance of a court process out of the registry of a court. Commencing a suit may be commenced by filing a Writ of Summons, an Originating Summons, a Petition or Originating Motion. The Nigeria courts operate an adversarial system of justice, and the courts determine causes upon facts presented by the parties.
WRIT OF SUMMONS
A writ of summons is a court document that commences legal proceedings and informs the defendant that the plaintiff has started civil proceedings against him in a court of law. It requires the defendant to enter an appearance if he wishes to dispute the claim.
The initial stage in starting civil proceedings will be the issuance of a writ of summons if the claimant/plaintiff agrees to pursue legal action against the defendant.
ORIGINATING SUMMONS
Originating Summons is one of the two modes in commencing a civil action. An action is commenced by an originating summons when
It is required by a statute or
A dispute, which is concerned with matters of law, is unlikely to be any substantial dispute of fact. An Originating Summons may be in Inter partes or Ex-parte of the Rules of Court.
A dispute, which is concerned with matters of law, is unlikely to be any substantial dispute of fact. An Originating Summons may be in Inter partes or Ex-parte of the Rules of Court.
On the basis of filed affidavits, the Originating Summons is heard. Judges or registrars conduct chamber or open court hearings for originating summons cases. The affidavits submitted in support of or opposition to the originating summons are considered, along with the testimony of the attorneys.
STATEMENT OF CLAIM
In Nigeria, under most High Court rules, claims are initiated by writs, which are endorsed with a statement of the relief sought from the court. It is required that the writ be accompanied by a statement, in summary, form, of the material facts relied upon to establish the claim. Additionally, statements of all witnesses are required to be delivered along with the writ and statement of claim. Defendants are entitled to seek, where they are absent, particulars of allegations made in the statement of claim.
STATEMENT OF DEFENCE
A defendant must file and serve a memorandum of appearance on the claimant after receiving service of the originating process on them. A short statement outlining the defendant’s response to the claim must also be submitted. The defense must respond to allegations when dealing with Nigerian legal procedures, and denials may not be evasive. A copy of every document that will be cited during the trial as well as the witness statements and witness statements are also required to be submitted by the defendant.
OPEN HEARING
All court proceedings are required to be held in public except in cases involving juvenile and the court filings are also available to the public upon an application to the appropriate official in whose custody the processes in Nigeria are kept.
DURATION OF PROCEEDING
The length of time required for a process in Nigeria depends on the circumstances surrounding the case as well as the court’s jurisdiction. It is inevitable that more complex instances will take longer. Cases typically take less time than 6 to 18 months, and frequently considerably less time, in jurisdictions like Lagos where the courts are fully operational.
According to the new High Court of Lagos State (Civil Procedure) Rules 2019, claims for liquidated monetary or counterclaim in an amount of one hundred million naira or more, mortgage transactions, charges, or other securities, as well as liquidated monetary claims by a non-Nigerian national or non-resident in Nigeria, are eligible to be commenced in the fast track court, where the time spent on litigation must not exceed nine months from the date of commencement. The Judge is required by this procedure to attempt to render a decision within 60 days after the trial’s conclusion.
LANGUAGE OF THE COURT FOR PROCESSES IN NIGERIA
In Nigeria, English is the court’s official language. If any other language is required, an English-to-language interpreter is needed.
COST OF LITIGATION
According to Nigerian law, a party that wins is entitled to reimbursement for its expenditures from the unsuccessful party.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080