The Legal Order and the Administration of Federal and State Courts

Abstract

The Nigerian Constitution of 1989 establishes a system of federal and state courts, but within a structure of unifiedfederal-state jurisdiction from the federal and state high courts, to the federal Court ofAppeal, and to the national Supreme Court. Thus, both sets ofcourts exercise jurisdiction with respect to federal and state laws. Although this system mitigates certain federal-state jurisdictional conflicts, it does not eliminate such conflicts. At the same time, however, the Constitution also providesfor Sharia courts ofappeal under Moslem law andfor customary-law courts ofappeal, thus establishing a tripartite system of justice. Although this system seeks to accommodate Nigeria's ethnic and religious diversity, it does raise problemsfor national unity, judicial uniformity, and equity in the administration of civil and criminal justice.