OYIBN:
Don't mind Agbakoba , he is an individual that speaks from both sides of the mouth depending on where his bread is buttered. He has turned full circle now that his name is not on Ministerial list. He would have been
singing another tune if his name was on Ministerial list. Don't mind the fake human right activist. If Saraki is clean let him go and answer to his charges at Code of Conduct bureau rather than trying to stall proceedings using the courts. The era of using the Federal, Appeal and Supreme courts to stall cases for years while the real charges gather dust at the Code of Conduct bureau are over.

mojeer678:


It's easy to spot a desperate lawyer looking for a juicy brief. Agbakoba is yearning dust. What's wrong with these individuals?

His statement that the National Industrial Court is not a superior court, despite all evidence to the contrary, that's when I knew that this yeye man has lost it!

Dhugal:

[s]You read,but wouldn't comprehend.This wise,there's no hope for you.There's none as blind as he who wouldn't see.[/s]

vadmir:


Exactly what do you understand to be a superior court of record? It appears many of you are loosely using the term superior court of record, there couldn't be many superior court of record in one country, it will fall apart. The Courts as we know it normally operate on a doctrine of stare decisis.

mojeer678:


Dude, google is ya friend

Shine1177:
Superior courts of record in Nigeria

Monday will be a very interesting day.

Let's go back to the basics.


Superior Courts of record refer to all the courts presided over by judges trained in law where there is a duty to record and publish for public access proceedings leading down to a judicial pronouncement. The superior courts of record in Nigeria are listed in section 6(5) of the 1999 constitution.

Inferior courts, on the other hand, may or may not have legal practitioners as presiding officers and are often not obliged to record all proceedings in any matter.


Constitution Of The Federal Republic Of Nigeria (1999).

6. (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.

(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.

(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (I) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.

(4) Nothing in the foregoing provisions of this section shall be construed as precluding:-

(a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court;

(b) the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.

(5) This section relates to:-

(a) the Supreme Court of Nigeria;

(b) the Court of Appeal;

(c) the Federal High Court;

(d) the High Court of the Federal Capital Territory, Abuja;

(e) a High Court of a State

(f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

(g) a Sharia Court of Appeal of a State;

(h) the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(i) a Customary Court of Appeal of a State;

(j) such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and

(k) such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm


Now that quote above is from the constitution as it was in 1999. It has since been amended and here we are concerned with the 3rd amendment.


The National Industrial Court was originally intended to be a superior court of record, but the framers of both the 1979 and 1999 constitutions did not list the NIC as a court of record. This led to confusion and the National Assembly (in both the 2nd and 4th republics) as well as the Federal Military Government (via the Trade Disputes Decree of 1992) attempted to solve this problem by enacting legislation that conferred the status of a court of record on the NIC.

However, in Bureau of Public Enterprise V. National Union of Electricity Employees (NUEE) (2010) ( http://lawaspire.com.ng/2014/06/national-union-of-electricity-employees-anor-v-bureau-of-public-enterprises/ ), the Supreme Court ruled that parts of the Trade Disputes Act (1992) were in conflict with the constitution and therefore those sections were void. The only way in which the NIC could be made a superior court of record would be by an amendment of the constitution.


The National Assembly quickly began the process of amending the constitution in 2010 and the NIC was thus made a superior court of record by the 3rd amendment to the 1999 constitution (signed by the President on March 4th, 2011). The constitution now reads:


Constitution Of The Federal Republic Of Nigeria 1999 (as amended).


(5) This section relates to:-

(a) the Supreme Court of Nigeria;

(B-) the Court of Appeal;

(c) the Federal High Court;

(cc) The National Industrial Court

(d) the High Court of the Federal Capital Territory, Abuja;

(e) a High Court of a State;

(f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

(g) a Sharia Court of Appeal of a State;

(h) the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(i) a Customary Court of Appeal of a State;


http://www.lawnigeria.com/CONSTITUTIONHUB/Constitution.html

(Also remember sections 1(1) and 1(3) of the constitution.

1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
)

Note: The Code of Conduct Tribunal is not listed as a superior court of record. The Federal High Court is a superior court of record.

Also note that appeals from court martials and the National Industrial Court (before the constitutional amendment) go to the Appeal Court (see section 240 of the constitution), but that did not make court martials and the National Industrial court superior courts of record.

https://www.nairaland.com/822196/it-begins-me/31#38154933

wirinet:


Chukwudi, you flogging a dead horse. The Code of conduct tribunal is a superior court as it is a creation of the constitution. Even Saraki's lawyers have seen their error, hence they applied for the arrest warrant to be quashed at the appeal court and not at the high court. The constitution does not create inferior courts.

vadmir:


I know what a superior record is, you do not seem to understand my post, I know what it means but do you? If you do let us know!

GoodGovernance:


Hello!

The issue involved is not that of superiority but jurisdiction.Are you now suggesting that if Saraki had gone to the Sharia court or customary court to obtain an order,it would have been binding on CCT to obey?

Our corrupt judges are the root cause.Why interfere in a matter that does not concern you,all in the name of superiority?

If my father(the constitution) gives me a task to carry out and directs my Uncle(court of appeal) to review my work.Can my senior brother stop me from carrying out the task or asking me to tarry a while,because he is my senior brother(my superior),without express permission and concurrence from my father(the constitution)??

If Saraki does the extraordinary by approaching directly the supreme court,would the latter entertain such a judicial rascality?

gbaskipro:


Who are you? A nobody I guess. What do you know about law and process? Absolutely nothing! Shut up and suck ur mamas boobs little boy

SeverusSnape:

Good, I don't do religious stuffs.

chukwudi44:


That is exactly what he did !! He went to a higher court of record!! The FHC is a superior court to the CCT.

Shine1177:


Our impression that our Judges are corruption will not help this country. Some people believe only Buhari is clean in this nation but alas, how wrong they are. Monday shall meet us well.

chukwudi44:


Agbakoba is a constitutional lawyer,i would rather listen to him than you!! Even Saraki's lawyers posited the same argument.Dont forget he quoted a section of the constitution to back up his statement.

Eziachi:

Sorry, am nobody as you had rightly guessed, just a victim of authority stealing like you.
And again, am too old to follow your lifestyle of sucking whatever that you loved sucking and far worst is that my mama died so many years ago even before you were born.
So Mr Big Boy, even if I am dying to, there is nothing to suck.