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Living in a society, disputes are inevitable. This is why a system of law and order exists not only to prevent conflicts, but also to resolve them when they arise. The act of resolving disputes among humans dates back to ancient times, as seen in the biblical account of King Solomon, who famously settled a dispute between two women each claiming to be the mother of the same child.
Over the years, societies have developed more structured systems for resolving disputes, evolving from appeals to elders and kings to formal court systems where trained lawyers represent parties before impartial judges in a process now called litigation.
Litigation is a legal process through which parties involved in a dispute are given the opportunity to present their cases before a judge, who then delivers a judgment based on the facts, evidence, and arguments presented. In the case of Anaekwe v. C.O.P.,2Tobi, JCA (as he then was) stated that "Litigation is not a game of chance where one party cleverly outsmarts the other party." In other words, it is a structured legal process designed to ensure fairness and equal opportunity for all parties to present their case.
In the case of E.F.C.C. v. House Attahiru Bafarawa GRA Bauchi3, Ariwoola, JSC (as he then was) stated that "Litigation is not a game of chess where players outsmart themselves by dexterity of purpose and traps. On the contrary, litigation is a contest by judicial process where the parties place on the table of justice, their different positions clearly, plainly and without tricks."
In Nigeria, before the introduction of formal litigation, disputes were traditionally resolved by bringing them before respected traditional leaders, who were highly regarded within their communities. Disputes were often resolved amicably, and the decisions given were usually binding on the parties involved.
Nigeria's litigation system is rooted in the common law tradition, which was adopted during the colonial era under British rule and continues to influence the structure and practice of the country's legal system today.
As Nigeria prepared for independence, it began formulating its own legal framework through the enactment of a national Constitution and other legislative instruments. This development laid the foundation for a structured legal system, resulting in the creation of multiple tiers of courts nationwide, each tailored to handle distinct areas of law including commercial disputes, matrimonial causes, political matters, family issues, and more.
Overview of the Court System in Nigeria
The Nigerian court system reflects a blend of common law principles, customary practices, and constitutional provisions, creating a multi-tiered structure aimed at delivering justice across various subject areas and jurisdictions. The country operates a hierarchical court structure established primarily by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) ("the Constitution"). These courts are classified as Superior Courts of Record and include the following:
i. Supreme Court of Nigeria:
This is the highest in the hierarchy of courts in Nigeria,4 and its decisions are final and binding on all persons and authorities in Nigeria.5
The Supreme Court is mainly an appellate court and hears appeals from the Court of Appeal in civil, criminal, and constitutional matters.6 It also has original jurisdiction in any dispute between the Federation and a State, or between States,7 and in disputes between the National Assembly and the President, the National Assembly and any State House of Assembly, and the National Assembly and any State(s) of the Federation.8
ii. Court of Appeal:
The Court of Appeal is also a creation of the Constitution9 and serves as an intermediate appellate court between the trial courts and the Supreme Court.10
The court has original jurisdiction to hear and determine presidential election petitions and whether the office of the President or Vice-President has become vacant.11 It also has appellate jurisdiction to hear appeals from the Federal High Court, High Court of a State, High Court of the FCT, National Industrial Court, Sharia Court of Appeal, the Customary Court of Appeal and Tribunals.12
iii. Federal High Court:
The Federal High Court is established under the Constitution,13 and its jurisdiction covers the whole of Nigeria.14 Thus, it has divisions across the states for nationwide accessibility.
The Federal High Court has exclusive jurisdiction over federal matters, including revenue of the Federation, taxation, companies and allied matters, banking and finance, aviation and maritime law, immigration and emigration, intellectual property, and arms and ammunition.15
iv. The High Court of a State:
There is established under the Constitution a High Court for each state of the federation.16
The High Court of a state has jurisdiction in civil and criminal matters, subject to the provisions of S. 251 and other provisions of the Constitution.17 The jurisdiction of the High Court of a state is limited to the territory of the state.18
v. High Court of the Federal Capital Territory (FCT):
The High Court of the Federal Capital Territory (FCT), as the name suggests, is the High Court established for the Federal Capital Territory (FCT).19 Its jurisdiction is similar to that of the High Court of a State, but applicable within the FCT.
vi. National Industrial Court (NIC):
The National Industrial Court is established under the Constitution,20 subject to the provisions of sections 251, 257, and 272, to exercise exclusive jurisdiction over labour and employment-related matters, including: Trade union disputes, Industrial relations, employment contracts, workplace discrimination and employee compensation.21
vii. The Customary Court of Appeal:
There is established under the Constitution a Customary Court of Appeal for any state of the federation that requires it, and also for the Federal Capital Territory.22 The courts have Appellate and supervisory jurisdiction in civil proceedings relating to matters of customary law.23
Litigation is the main mode of dispute resolution in Nigeria. However, litigation in Nigeria today faces several challenges, such as delays in hearing and determination of cases, congestion of cases in courts, frequent adjournments, and procedural bottlenecks. Cases in courts often take several years to be heard and determined. Other challenges faced by litigation in Nigeria are as follows:
i. Corruption and Influence:
Allegations of judicial corruption and political interference are rife. These undermine public confidence.
ii. Cost of litigation:
Litigation can be expensive and time-consuming, making it inaccessible for many Nigerians.
iii. Poor Infrastructure and Digitalization:
Many courtrooms are small and dilapidated and lack basis facilities such as steady electricity supply. Judges still take notes in long hand and the use of technology is limited, although some progress has been made in e-filing and virtual hearings.
iv. Limited Enforcement of Judgments:
Enforcement of judgments are often frustrated by needless and frivolous appeals, thus, securing a judgment is sometimes easier than enforcing it, especially against public institutions or 'powerful individuals.'
Despite its shortcomings, litigation remains an effective mode of dispute resolution in Nigeria. It is grounded in the Constitution, which guarantees access to courts and the right to a fair hearing.24 Clients are assured that the process is recognized and protected by law, giving their claims legitimacy and enforceability. Judgments of Nigerian courts are binding on all parties involved and can be enforced through mechanisms such as garnishee orders, writs of execution, and other legal tools.
Litigation is a public and transparent mechanism as proceedings are conducted in open court, except in rare cases allowed by law. This transparency boosts public confidence in the process and gives the parties assurance that justice is not done in secret.
A major advantage of litigation is the hierarchical structure of courts, which provides an avenue for parties to appeal if they are dissatisfied with a decision of the court. Thus, parties are not left helpless if they believe a judge erred. This also helps to develop the legal system as the decisions on such appeals serve as precedents to ensure consistency and predictability in how the law is to be applied by judges in their future decisions.
In litigation, parties are represented by lawyers who are trained legal professionals who understand the rules of procedure, evidence, and advocacy. Lawyers may engage expert witnesses to assist the court with technical matters, since clients are rarely subject-matter experts.
The Constitution provides for the independence of Nigerian courts,25 and Judges are appointed through a structured process and are protected from executive interference. Parties can, therefore, expect a level of impartiality in the adjudication of their cases.
Court proceedings are recorded, and decisions are documented and published.
The court system provides a wide range of remedies such as damages(compensation), injunctions, specific performance, and declaratory reliefs.
Clients can seek not just justice, but also practical, enforceable remedies that meet their needs.
The Nigerian judiciary, though facing challenges, continues to benefit from digitization of court processes, judicial training programs establishment of specialized courts, for example commercial courts, small claims courts and the National Industrial Court.
Clients today experience faster and more efficient litigation processes in certain jurisdictions.
Litigation remains a good and sustainable option for parties in Nigeria. It offers formality, enforceability, fairness, legal expertise, and constitutional protection. For parties facing complex, high-stakes, or rights-based disputes, litigation ensures credible adjudication, legal clarity, and binding outcomes.
CONCLUSION:
While the Nigerian justice system faces challenges such as delays, congestion, and procedural hurdles, litigation remains a fundamentally strong and reliable mechanism for resolving disputes. Its constitutional backing, structured court hierarchy, transparent processes, availability of appeals, and enforceable remedies ensure that clients receive outcomes that carry legal weight and legitimacy. Unlike informal mechanisms, litigation provides clarity, predictability, and binding decisions that can be enforced through established legal procedures.
For clients especially those dealing with complex, high-value, or rights-based disputes litigation continues to offer the most secure pathway to justice. It remains not only sustainable, but indispensable in safeguarding rights, clarifying the law, and delivering authoritative resolutions that alternative dispute resolution methods cannot always guarantee.
The effectiveness of litigation can be significantly enhanced through targeted reforms. Strengthening digital processes, increasing judicial capacity i.e. increasing the number of judges on the bench, improving court infrastructure, enforcing stricter case management timelines by avoiding unnecessary adjournments and ensuring that cases are concluded within the shortest possible time, promoting judicial training, and modernizing enforcement mechanisms will collectively make the system more efficient and accessible. These improvements, alongside efforts to curb corruption and expand the integration of technology, will ensure that litigation continues to serve clients effectively and sustainably.
Ultimately, while reforms are necessary and achievable, litigation in Nigeria remains a credible, authoritative, and enduring path to justice.
Footnotes
1 Afam Chukuka is an Associate at Alliance Law Firm, Lagos, Nigeria.
2 (1996) 3 NWLR (Pt. 436) 320 at 332B.
3 (2024) 3 NWLR (Pt. 1925) 251 at 273D-E.
4 Established under Section 230, the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
5 Section 235, the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
6 Section 233, the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
7 Section 232(1), the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
8 The Supreme Court (Additional Jurisdiction) Act, 2002.
9 [9 Established under Section 237, the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
10 State v. Isijola (2023) 7 NWLR (Pt. 1884) 417
11 Section 239, the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
12 Section 240, the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
13 Section 249, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
Touton S.A. v. G.C.D.N.Z. S.P.A. (2011) 4 NWLR (Pt. 1236) 1
15 Section 251, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
16 Section 270, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
17 Section 272(1), Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
18 Mailantarki v. Tongo (2018) 6 NWLR (Pt. 1614) 69
19 Section 255, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
20 Section 254A, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
21 Section 254C, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
22 Sections 265 & 280, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
23 Sections 267 & 282, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
24 Sections 6 and 36, Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
25 Section 17(2)(e), Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
