INTERNAL CONFLICT OF LAWS IN NIGERIA: MAKING A CASE FOR THE CONSOLIDATION OF THE RULES OF JURISDICTION IN INTER-STATE DISPUTES

INTRODUCTION

The unending jurisdictional conflicts between the various courts in Nigeria and the incessant challenges to these courts’ authority by litigants contribute significantly to the well documented delays in the determination of cases in Nigeria and therefore, constitute one of the biggest impediments to the smooth administration of the justice delivery system in Nigeria. The most pronounced of these conflicts is the jurisdictional conflict between the Federal High Court on one hand and the High Courts of the various States and the Federal Capital Territory, Abuja on the other hand. To a lesser extent, there have also been conflicts between the various High Courts and the National Industrial Court pertaining to the extent and scope of the latter’s jurisdiction since becoming the newest superior court of record in Nigeria. What are seldom talked about, but are by no means less important, are the jurisdictional conflicts among the various State High Courts and the Federal Capital Territory, Abuja in actions in personam.

This paper examines the position of the law in Nigeria on the jurisdiction of courts in inter-State disputes especially in actions in personam. Inspired by the recently published seminal work on the subject of Private International Law in Nigeria3, the paper aims to undertake an in-depth review of select decisions of appellate courts in Nigeria on the question of territorial jurisdiction of High Courts in actions in personam. The paper highlights the absence of well-established rules from which the courts can seek guidance to determine the question of their jurisdiction in actions in personam as the root of the inconsistency in the decisions of Nigerian courts on this critical issue. Consequently, the paper will recommend a hierarchical roadmap for Nigerian courts to adopt in the determination of the issue of jurisdiction in inter-State disputes, with a view to eliminating these unnecessary conflicts and hopefully enhancing the smooth administration of justice in Nigeria.

The paper is divided into seven parts inclusive of the present introductory part. The second part discusses the concept of conflict of laws or private international law especially in the context of a federal State like Nigeria. The third part highlights the limits to the territorial jurisdiction of the State High Courts in Nigeria. The fourth part adopts a comparative analysis of the Nigerian and English law rules of private international law by reason of the similarities between the two legal systems owing to Nigeria’s colonial heritage. The fifth part deals with the Nigerian rules of internal conflict of laws applicable in inter-State disputes. This part embarks on an analysis of select Nigerian decisions where judges have tackled jurisdictional challenges on grounds of territorial limits in in personam disputes with a view to bringing to the fore the fundamental errors that Nigerian courts have routinely made in resolving internal conflict of laws disputes. Part six proposes a hierarchical roadmap for Nigerian courts to adopt in the determination of the issue of jurisdiction in inter-State in personam disputes while the last part concludes the paper.