ALTERNATIVE AND LITIGATION DISPUTE RESOLUTION

With extensive litigation experience covering the gamut from nationwide class action lawsuits, to trials and appeals, to administrative hearings and commercial arbitrations, Obasa & Co.’s litigation Department has earned the trust of the firm’s clients.

At Obasa & Co. we represent both Plaintiffs and Defenders; we willingly tackle complex and difficult cases, and have often seemingly hopeless situations into outstanding results.

We take pride in our energy levels, thorough preparation, creative legal strategies and tough-minded conduct of negotiations, trials as well as our scrupulous adherence to ethical standards.

The Law

The judiciary in Nigeria operates a three tier court system in respect of its superior courts or record.
Tier 1 – The State and Federal High Courts, courts of co-ordinate jurisdiction i.e. are of equivalent status
Tier 2 – The Court of Appeal
Tier 3 – The Supreme Court

The Federal High Court: The Federal High Courts activities are governed by the Federal High Court’s activities are governed by the Federal High Act 1973 (as amended) and the court is vested with powers to adjudicate on select matters. These matters include admiralty, intellectual property, taxation, customs and excise duties matters and matters relating to banking, fiscal measures and government revenue.

The State High Courts: These courts have jurisdiction to hear and determine all matters other than those in respect of which jurisdiction has been specifically granted to the Federal High Court. Each state within the country has its own State High Court and all the courts are of co-ordinate jurisdiction.

The Court of Appeal: This court exercises an appellate jurisdiction. It is not a court of first instance as the Court of Appeal entertains all appeals from the State and Federal High Courts.

The Supreme Court: This is an apex and highest court of authority. The Supreme Court is also not a court of first instance as it presides over appeals received from the Court of Appeal.

The civil proceeding in each court is regulated by the Rules of Court. The High Court Civil Procedure Rules guide the procedure adopted at the High Court level whilst the Court of Appeal Rules 1984 and the Supreme Court Rules 1985, regulate proceedings at the Appellate level.

The Federal High Court (Civil procedure) Rules 1976 governs the general procedure applicable in the Federal High Court, though in specific instances the court may utilize rules of court made essentially for a specific purpose e.g. shipping matters are regulated by The Admiralty Jurisdiction Procedure Rules 1993 or The Companies (winding up) rules which regulates the procedure adopted in the dissolution of companies.

It is worthy to note that when there is no express provision (i.e. a lacuna) guiding proceedings in Nigeria courts, recourse will be made to the English Supreme Courts rules.