This period can be divided into two, which are the prefusion and post-merger periods. The period prior to the merger covers the period between 1861 and 1914. At that time, various parts of what is now known as Nigeria were administered by the British government or its subject. The period after the merger would refer to the period after the merger of the colony and protectorate of southern Nigeria with the protectorate of northern Nigeria to form what we recognize as Nigeria. After lagos was transferred to the British Crown in 1861, the Supreme Court Decree of 1863 established the Supreme Court on the territory of Lagos, which was later replaced by the Civil and Criminal Courts, which were the highest court in the country. In addition, appeals from the West African Court of Appeal in Sierra Leone are addressed directly to the Judicial Committee of the Privy Council. In 1874, the Gold Coast Colony was established, which included Lagos and the Gold Coast. The decree of the Supreme Court of 1876 provided that a Supreme Court of the colony would apply customary law, the doctrines of equality and the laws in force on 24 July 1874, of general application. The three-tier judicial system had a hierarchy consisting of the District Commissioners` Court, the Divisional Court and the Full Court, and appeals were filed in that order. 5) Two persons qualified as lawyers for a period of at least 15 years are also members In order to correct the anomalies, the Federal Government appointed in April 1959 a committee composed of the Attorney General of the Federation of the A.G., the Legal Secretary of Southern Cameroon and 6 respected jurists chaired by the A.G. of the Federation at the time, MR.
E.T.C UNSWORTH. The committee has been mandated One of the main features of the Nigerian legal system is its adversarial nature. According to Wikipedia, the adversarial system is a legal system used in common law countries where two lawyers represent the case or the position of their parties before an impartial person or a group of people, usually a jury or judge, who try to establish the truth and judge accordingly. Under the law, when a man dies without a will, his estate is transferred to the chief justice of a state where the estate is located, and no one has the power to deal with it unless he has received an administrative letter from the estate register of the Supreme Court of the state. Some forms are completed, taking into account the formalities before letters of comfort have been issued to the personal representatives of the deceased. Only a lawyer is allowed under Article 22(d) LPA to request the issuance of an administrative letter, the violation of which is an N100 fine In Nigeria, the adversarial system is practiced in the courts. This contrasts with the inquistorial system. It simply means that an accused person is presumed innocent until proven guilty. The lawyer has rights that are closely related, namely the right to represent the parties to the proceedings and the right to be heard before a court. In accordance with Article 8 (1) LPA, a lawyer has the right to represent another lawyer and has the right to hear before all courts in Nigeria.
The independence of posts, the different development of the judicial system were mainly related to the appointment of judges during the military regime, as well as the role of courts and commissions of inquiry. During the military, the role of the judiciary, which is clearly defined in the Constitution, is considerably limited, as the Constitution is usually repealed. In Uzo v Police (1972) 11 SCE 37 or (1972) ANLR 825. It was noted that in the Nigerian criminal trial system, the judge is not expected to descend into the arena as an arbitrator, as the trial is the acquisition that the innocence of the accused is presumed until he is found guilty by the prosecution. The procedure chosen by the trial judge is inappropriate. By personally repeating the charges and subjecting the accused to a lengthy and disturbing cross-examination to discredit him on an irrelevant issue of falsification and on charges of theft of clothes. It is impossible to argue that his guilty verdict in the indictment alone in court was not influenced by his unnecessary concern of the court with this irrelevant issue. See the case of R.V Clewer (1953) CAR 37 In a Nigeria, the legal profession has merged. When you are admitted to the bar in Nigeria, you are called a lawyer and a lawyer at the Supreme Court. A lawyer must pay his or her legal fees each year before January 31 of each year in order to obtain the right to a hearing in a Nigerian court. Some judges help enforce the payment of training fees, but this is still a concern for the NBA, even though the NBA is still trying to find ways to enforce it. Nigeria`s cultural diversity is also an important feature of the Nigerian legal system.
For example, there is the Penal Code, which governs the North, and the Penal Code, which governs the South. In the administration of justice in Nigeria, the court will always apply any of the above laws if it is passed. Conflict of laws is called a set of procedural law rules that determine the legal system and the law of jurisdiction applicable to a particular dispute. It is also considered a term used when considering the “challenge” of applying multiple laws on a particular legal issue that affects the state of two different nations. This is very different from the system practiced in England. In England, barrister and solicitor are two different professions. In accordance with Section 22(d) of the PCPA, it is the sole duty of the lawyer to prepare the document and request the issuance of a will. Such an advocate may be an independent lawyer or a person named in the articles as a director or certified secretary of the incorporated company. The purpose of the affidavit is to serve as proof of compliance with the requirement to set up a business and must be submitted prior to the establishment of a business. ICPC is a Nigerian agency inaugurated on 29 September 2000 on the recommendation of President Olusegun Obasanjo. The mandate is to receive and investigate reports of corruption and, in appropriate cases, to prosecute the perpetrator(s), to investigate, review and enforce the correction of public authorities` systems and procedures subject to corruption in order to eliminate corruption in public life, and to educate and educate the public about and against corruption and related crimes in order to increase public support for the Win and promote the fight against corruption.
The Corrupt Practices and Other Related Offences Act 2000 regulates the activities of the Committee. The administration of justice in Nigeria has evolved and changed over the decades depending on the nature of the existing governance structure and system of government. This system contrasts with the inquisitorial system, in which the parties are not represented by anyone. The adversarial system helps a party who does not understand legal proceedings to be represented by a lawyer. This is indeed one of the hallmarks of the Nigerian legal system. 10) Two persons who are not lawyers who, in the opinion of the Chief Justice of Nigeria, undoubtedly have character/integrity Another characteristic of the Nigerian legal system is that it is strongly influenced by external laws. This is apparently true, as it is a truism that Nigeria was colonized by Britain. The English law that has been preserved has a great influence on our Islamic and customary laws. Before a person can be qualified as a judge of the Court of Appeal, he or she must be qualified as a lawyer for at least 12 years.
Nigeria belongs to the common law family, as English law is an essential element of Nigerian law. Nigeria, although it was now a sovereign nation, was once under British rule. When Nigeria gained independence in 1960, they copied many English laws. Most of the laws they copied have since been repealed in England. Nigeria also received all the laws in force in England on January 1, 1900. Now let`s look at the features of the Nigerian legal system. This duty to respect the lawyer is to ensure that the professional reputation is maintained and, above all, to ensure that justice is done. It cannot be said that justice is done when there is a serious misunderstanding between a court and the lawyer, in such a situation, a lawyer may invoke bias, the court should be careful to consult a lawyer and should avoid words or actions that could embarrass a lawyer. He must first remember that he is a lawyer and a professional colleague in legal counsel. There are essentially two types of judicial precedence.
(1) Binding priority and (2) Convincing priority. In the formal, the lower courts are obliged to follow the decision of the higher court. In the latter case, the lower courts are not obliged to follow the decision to be higher courts.
