In the supreme court of nigeria on friday, the 11th day of march 2011. The counter claim was, however, dismissed and there has been no appeal against the order. Mar 18, 2016 the major reception act in nigeria is the interpretation act. Companies and allied matters act arrangement of sections part a companies part i corporate affairs commission section 1. An act to amend and consolidate the law relating to the supreme court. Any lingering doubt of that fact is put to rest by the provisions of section 39 of the central bank of nigeria act, cap 47. Innovation or incongruity under the admiralty jurisdiction act 1991. Admiralty law thus originally encompassed the subject matter. Legislations relevant to the jurisdiction of the federal. Constitution of the federal republic of nigeria 1999. The supreme jurisdiction of the national industrial court. Conditions of borrowing and verification of compliance with limit.
As a specialized labor court, all matters adjudicated by it are. Legislations relevant to the jurisdiction of the federal high. Extradition act arrangement of sections application. Does the law of your jurisdiction incorporate the 1961 hague convention abolishing the. Nigeria is not a party to the arrest convention 1999 and the maritime. In nigeria, the jurisdiction of the nic is a product of several enactments. Dec 22, 2016 it was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of section 2 and section 5c of the constitution of the federal republic of nigeria third alteration act 2010. In frn v nwude 2006 2 efcclr 149 at 161 it was held by oyewole j. Accordingly, it is ordered that the judgement and order for costs made by the high court western nigeria in suit i19559. Act done pursuant to the judgment or order of court.
In nigeria, we also adopt the provisions of our merchant shipping act, 2007, which repeals the very old legislation of 1886 i. It was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of section 2 and section 5c of the constitution of the federal republic of nigeria third alteration act 2010. The major reception act in nigeria is the interpretation act. Supplementary provisions relating to the council membership 1. Originally, the nic was a court of very limited jurisdiction but the nic act granted it. In any event, it should have been brought by way of a crossaction. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the a. Industrial court act 2006 together with the amendments in section 254c1a m of the 1999 constitution. Limit on consolidated debt of federal, state and local governments. The exclusive jurisdiction of the federal high court in relation to the operation of the companies and allied matters act cap c20 lfn 2008 the need for a touchstone jurisdictional test. In this act, unless the context otherwise requires. Nigerias source of admiralty jurisdiction is traceable to the colonial courts of admiralty act 1890.
The supreme court of nigeria which is the apex court in nigeria was established in 1963 following the proclamation of the federal republic of nigeria and the then 1960 constitution which came into operation on october 1, 1963, following the abolition of section 120 which abrogated the appellate jurisdiction of the judicial committee of the. Fiscal responsibility act, 2007 2004 laws of nigeria. Evidence act 2011 nigerian law intellectual property. Once an action is caught by the limitation act, the court has no jurisdiction to entertain the matter. Whenever by any act of the national assembly, any act of the national assembly is extended or applied to nigeria or to a state, such act shall be read with such formal alterations as to names, localities, courts, offices, persons, moneys, penalties and otherwise as may be necessary to make the same applicable to the circumstances. Nigeria 141 ilr 1 1 international court of justice jurisdiction whether cameroons application ful. Aug 17, 2015 in addition, the 1999 constitution of the federal republic of nigeria as amended also vested the court with powers and jurisdiction to entertain criminal causes and matters arising from any cause or matter of which jurisdiction is conferred on the national industrial court by the constitution or any other act of the national assembly or any. Jurisdiction without being statutorily empowered to do so.
Similarly, president goodluck jonathan, during his administration, inaugurated another land reform committee but all his effort did not yield the expected results as a direct result of the inherent. For instance, before the enactment of the nica, 2006 and the constitution of the federal republic of nigeria third alteration amendment act, 2010, various sections of the trade dispute act such as sections 14, 15. In addition, the 1999 constitution of the federal republic of nigeriaas amended also vested the court with powers and jurisdiction to entertain criminal causes and matters arising from any cause or matter of which jurisdiction is conferred on the national industrial court by the constitution or any other act of the national assembly or any. Evidence act, 2011 explanatory memorandum this act repeals the evidence act, cap. For this reason, courts authority or jurisdiction is a product of constitution or other specific statutes. Execution of judgment and orderspractice and procedures is apt and germane to our sociopolitical development and of particular importance to judicial staff in nigeria. This jurisdiction was distinctively different from that of the common law courts. Admiralty jurisdiction procedure rules 1993 nigerialaw. Act likely to cause injury, but done without criminal intent and to pre vent other injury or to benefit person injured. Pdf admiralty jurisdiction in the federal courts of nigeria.
In the supreme court of nigeria on friday, the 11 day of. Nigeria mla replies to the ship finance security practices. Section 42 of the icrc act merely takes cognizance of the fact that the. Any lingering doubt of that fact is put to rest by the provisions of section 39 of the central bank of nigeria act, cap 47 laws of the federation of nigeria 1990 which states that the central bank may act generally as an agent for the federal government or of a state government. Proceedings in the original jurisdiction of the court. Short title this act may be cited as the standards organisation of nigeria act. Aug 30, 2016 the supreme court of nigeria which is the apex court in nigeria was established in 1963 following the proclamation of the federal republic of nigeria and the then 1960 constitution which came into operation on october 1, 1963, following the abolition of section 120 which abrogated the appellate jurisdiction of the judicial committee of the. Nigeria because the law at present, vests only in the federal high court the. See also section 53 of the admiralty jurisdiction act 1991.
The indigenous land tenure and nationalization of land in. The national industrial court of nigeria also known as nicn is a court empowered to adjudicate trade disputes, labour practices, matters related to the factories act, trade disputes act, trade unions act, workmens compensations act and appeals from the industrial arbitration panel and all other employment matters in nigeria. New developments in the admiralty jurisdiction of the federal high. Public lands acquisition miscellaneous provisions decree no. Admiralty jurisdiction act chapter a5 laws of the federation. Short title page 1 national industrial court of nigeria civil procedure rules, 2017 b3347 printed and published by the federal government printer, lagos, nigeria. The indigenous land tenure and nationalization of land in nigeria. Admiralty jurisdiction act chapter a5 laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court. Admiralty jurisdiction in the federal courts of nigeria. Practice and procedure effect of carrying out an act out of time an action or anything done after expiration of the time prescribed is a nullity. Foakinrele the exclusive jurisdiction of the federal. The national industrial court of nigeria nic was established in 1976 by the trade disputes act, cap 432, laws of the federation of nigeria, 1990 and was in 2010 elevated to a superior court of record and of coordinate jurisdiction with the federal high court, the various state high courts and other courts of coordinate jurisdiction with a. Other applicable laws are the admiralty jurisdiction act, 1991, and the admiralty jurisdiction procedures rules 2011. Originally, the nic was a court of very limited jurisdiction but the nic act granted it expanded original and.
Admiralty jurisdiction act nigerian law intellectual. Civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. Procedurally, jurisdiction of court does not exist in vacuum. Posted in appeals, constitutional law, contents of, effect of carrying out an act out of time, essence of, final court of appeal in election petition, judgment, jurisdiction, practice and procedure, purport of the provisions of s. An act to provide for the exploration of petroleum from the territorial waters and the continental shelf of nigeria and to vest the ownership of, and all onshore and offshore revenue from petroleum resources derivable therefrom in the federal government and for all other matters incidental thereto.
Nigeria food, drugs and related products registration, etc. The first companies ordinance was introduced in southern nigeria lagos in 1912. Nonappealable decisions of the national industrial court. Jurisdiction 1 the tribunal established under the special tribunal miscellaneous offences decree 1984, as amended, in this act referred to as the tribunal shall have jurisdic tion to try offenders under this act. The frustrations from his attempt to amend the act was that the act is part of nigerias statute books a nations laws regarded collectively. This was then ammended in 1917 to cover the whole country companies amendment and extension act of 1917. Establishment of the nigerian ports authority 1 there is hereby established, an authority to be known as the nigerian ports authority in this act referred to as the authority. Requests for surrender, and powers of attorneygeneral thereon. See order 20, rule 4 high court rules western nigeria. The present nigerian position as seen above, however, is based on section 2511g of the 1999 constitution and statutes like the admiralty jurisdiction act 1991 and the federal high court act 2004, as amended. Both acts were then repealed and replaced in 1922 by the companies act of 1922. Nonappealable decisions of the national industrial court of. The long title of the nic act noted that the act is enacted to provide for the establishment of the nic as a superior court of record and confer jurisdiction on the court with respect to labour and industrial relations matters.
Part ii jurisdiction and law part iii sitting and distribution of business part iv general provisions as to trial and procedure part v rules of court part vi miscellaneous repeals part ii of the trade disputes act cap. E14, laws of the federation of nigeria, and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria. In halaoui supra, the court of appeal was silent on the issue of the applicability of the 1958. Nigeria food, drugs and related products registration. In addition to the provision of the constitution of the federal republic of nigeria, section 7 of the federal high court act and section 11a of the admiralty jurisdiction act 1991 confer on the federal high court the jurisdiction to hear and determine any question relating to a proprietary interest in a ship or any maritime claim specified in section 2 of the admiralty jurisdiction act. Revised laws of the federation of nigeria and lagos 1958, vol. Extradition act arrangement of sections application of act.
269 1472 488 830 631 494 262 584 505 361 541 30 213 271 1182 499 966 747 963 1173 454 627 806 1281 332 206 580 1406