Comprehensive Study Guide on Nigerian Civil (A) Key Pleadings: Statement of Claim (plaintiff’s Governed by Recovery of Premises Laws
Procedure case), Statement of Defense (defendant’s applicable in states.
response), Reply to Defense (plaintiff’s rebuttal),
(Based on the 1999 Constitution as Amended, Counterclaim (defendant’s own claim). (B) 15. Election Petitions (A) Grounds for Election
High Court Civil Procedure Rules & Case Law) Amendment of Pleadings: Allowed at any stage Petition: 1. Candidate not qualified. 2. Non-
before judgment (Order 26, Lagos High Court compliance with electoral laws. 3. Corrupt
Rules). practices. 4. Wrongful declaration of results. (B)
1. Sources of Civil Procedure
Jurisdiction: Governed by Section 285, 1999
Case Law References Constitution and Electoral Act 2022. (C) Pre-
Civil procedure in Nigeria derives from: (A) The Election Matters: Filed before the election to
1999 Constitution (As Amended): Section 6(1) challenge candidacy or qualifications. (D) Trial
(Judicial powers), Sections 230-285 (Court 1. Madukolu v. Nkemdilim (1962) 2 SCNLR 341 –
Conditions for jurisdiction. Procedures: Petitions must be filed within 21 days
structure & jurisdiction), Section 36(1) (Fair after election results. Trial must conclude within
hearing). (B) Statutes & Rules of Court: High Court 180 days. (E) Judgments: Can result in annulment,
Civil Procedure Rules (varies by state), Federal 2. Tukur v. Government of Gongola State (1989) 4 recount, or fresh elections.
High Court (Civil Procedure) Rules 2019, Sheriffs NWLR (Pt. 117) 517 – Jurisdictional issues.
and Civil Process Act, Evidence Act 2011, Court of
Appeal & Supreme Court Rules. (C) Judicial 16. Matrimonial Causes (A) Jurisdiction: State High
3. Ojukwu v. Military Governor of Lagos State Court has exclusive jurisdiction (Matrimonial
Precedents: Madukolu v. Nkemdilim (1962) 2 (1986) 3 NWLR (Pt. 26) 39 – Injunctions.
SCNLR 341 (Jurisdiction). (D) Practice Directions Causes Act 1970, Section 2). (B) Matrimonial
regulate court procedures (e.g., e-filing, virtual Reliefs: Void Marriage – Never valid due to fraud,
hearings). 4. Shell Petroleum v. Onasanya (1976) 6 SC 89 – incest, or bigamy. Voidable Marriage – Can be
Service of process. annulled due to impotence, non-consummation,
or mental illness. (C) Dissolution of Marriage:
2. Courts with Civil Jurisdiction Petitioner must prove one of the Section 15 MCA
Exam Strategy grounds (e.g., adultery, desertion, unreasonable
(A) Supreme Court (S. 233) – Final appellate court. behavior). (D) Petition for Divorce: Filed via
(B) Court of Appeal (S. 240-243) – Hears appeals, Use Constitutional & Statutory References (e.g., Matrimonial Causes Rules and must be supported
has original jurisdiction in election petitions. (C) "Under S. 251(1) of the Constitution, the Federal by an affidavit. (E) Commencement of
Federal High Court (S. 251(1)) – Exclusive High Court has exclusive jurisdiction over..."). Proceedings: Initiated by petition, supported by
jurisdiction over revenue, banking, aviation, IP, affidavits & evidence.
federal government matters. (D) State High Courts 9. Discovery & Trial Procedures (A) Discovery:
(S. 272(1)) – General jurisdiction over civil Involves obtaining evidence before trial through Exam Strategy Use Constitutional & Statutory
matters, fundamental rights enforcement (S. inspection, interrogatories, and document References (e.g., "Under S. 285 of the
46(1)). (E) Sharia & Customary Courts of Appeal (S. requests. Governed by Order 26, Lagos High Court Constitution, the Court of Appeal has jurisdiction
277 & 280) – Islamic and customary law. (F) Rules. (B) Pre-Trial Conference: Required to over election petitions..."). Cite Case Law (e.g.,
Magistrate & District Courts – Lower courts with streamline issues, encourage settlements (Order Madukolu v. Nkemdilim for jurisdiction,
limited jurisdiction. (G) National Industrial Court 25, Lagos Rules). (C) Summoning Witnesses: Fawehinmi v. Abacha for fundamental rights). Be
(S. 254C(1)) – Labor, employment disputes. (H) Parties can request subpoenas for witness concise, structured, and apply legal principles to
Customary & Area Courts – Traditional disputes. attendance. (D) Trial Stages: Examination-in-Chief answer scenarios effectively.
– Party presents evidence through witnesses.
3. Parties to an Action Cross-Examination – Opposing counsel challenges
witness testimony. Re-Examination – Clarifies This version is highly compressed but retains all
points raised in cross-examination. Final Address – critical details for exam success. Let me know if
(A) Types: Proper Parties (directly affected), Each side summarizes arguments before you need further refinements!
Desirable Parties (helpful but not essential), judgment.
Necessary Parties (indispensable), Nominal Parties 1. Writ of Summons
(formalities). (B) Capacity: Minors/Lunatics
require guardians, Companies sue via directors 10. Judgments & Enforcement (A) Judgment
(CAMA 2020, S. 78), Government may require pre- Definition: A final court decision on the rights of Purpose: Initiates a civil action, notifying the
action notice. (C) Joinder/Alteration of Parties: parties. (B) Attributes of a Valid Judgment: Must defendant of claims against them. Process: (1)
Order 13, Lagos High Court Rules allows be delivered by a competent court, be clear, Filed in the appropriate court. (2) Court seals and
adding/removing parties. (D) Representative & certain, and enforceable. (C) Types of Judgment: serves it. (3) Defendant enters an appearance
Class Actions: Order 9, Lagos High Court Rules Default Judgment – Given when a party fails to within prescribed time.
permits group claims. (E) Substitution of Parties: appear. Consent Judgment – Agreed upon by both
Allowed under Order 13, Rule 18 if a party dies. parties. Summary Judgment – Given without full Draft:
trial when no defense exists. Final & Interlocutory
Judgments – Final settles the case, interlocutory
4. Commencement of Action decides interim matters. (D) Execution & IN THE HIGH COURT OF LAGOS STATE SUIT NO: …
Enforcement: Writ of Fieri Facias (FiFa) – Seizure BETWEEN: [CLAIMANT] AND [DEFENDANT] WRIT
(A) Methods: Writ of Summons (for disputed of debtor’s property. Garnishee Proceedings – OF SUMMONS To: [Defendant’s Name] of
facts), Originating Summons (for interpretation Freezing debtor’s funds in a bank. Writ of [Address]. You are hereby commanded that within
issues), Petition (for elections, divorce, Possession – Recovery of property. Committal for 8 days after service, you must enter an
bankruptcy), Motion/Application (for procedural Contempt – Used when court orders are appearance, failing which judgment may be given
matters). (B) Jurisdiction: Territorial (case filed disobeyed. against you. Dated: … Signed: [Claimant’s Lawyer]
where dispute arose), Subject-Matter (determined
by law, e.g., S. 251 for Federal High Court). (C) 11. Applications Pending Appeals (A) Meaning: 2. Statement of Claim
Pre-Action Requirements: Pre-action notice Refers to applications made while an appeal is
required for certain defendants (e.g., ongoing. (B) Court’s Power to Grant Injunction Purpose: Outlines facts, legal arguments, and
government). Pending Appeal: Used to preserve the subject reliefs sought. Process: Filed alongside the Writ of
matter until appeal is resolved. Order 54, Lagos Summons; Defendant responds with a Statement
5. Service of Processes High Court Rules governs. Case law: Vaswani of Defence.
Trading v. Savalakh (1972) SC 77 – Conditions for
(A) Types: Personal Service (preferred), granting injunctions pending appeal. Draft:
Substituted Service (if personal service is
impractical), Service Outside Jurisdiction (requires 12. Appeals (A) Appeal Process: Appeals must be STATEMENT OF CLAIM (1) The claimant is a
court leave). (B) Proof of Service: Requires filed within prescribed time (usually 14-90 days businessman residing at [Address]. (2) The
Affidavit of Service. (C) Service on depending on case type). Grounds of appeal must defendant is the owner of a property at [Address].
Companies/Government: CAMA 2020, S. 78 show errors of law or fact. (B) Hierarchy of (3) On [Date], they entered into an agreement
(Companies), Sheriffs and Civil Process Act, S. 97 Appeals: 1. Magistrate/District Court → High where… (4) The defendant refused to perform
(Government). Court. 2. High Court → Court of Appeal. 3. Court obligations… (5) WHEREFORE the claimant claims:
of Appeal → Supreme Court. (C) Conditions for (a) N10,000,000 damages for breach of contract.
6. Summary Judgmen Appeals: Some appeals require leave of court (b) An injunction restraining the defendant from…
before proceeding. Signed: [Claimant’s Lawyer]
Order 11, Lagos High Court Rules – Quick
judgment when the defendant has no real 13. Enforcement of Fundamental Human Rights 3. Statement of Defence
defense. Defendant must show a triable issue to (A) Jurisdiction: State High Courts & Federal High
avoid judgment. Courts have concurrent jurisdiction (Section 46(1),
1999 Constitution). (B) Procedure: Application is Purpose: Defendant’s response, admitting or
by Fundamental Rights (Enforcement Procedure) denying allegations.
7. Interlocutory Applications Rules 2009. Requires motion supported by an
affidavit, statement of facts, and a written Draft:
(A) Types of Motions: Ex Parte Motion (urgent, address. Case law: Fawehinmi v. Abacha (1996) 9
one-sided), Motion on Notice (opposing party NWLR (Pt. 475) 710 – Emphasized quick STATEMENT OF DEFENCE (1) The defendant
notified), Interpleader (when a third party claims enforcement of rights. admits paragraphs 1 and 2 but denies paragraph
property). (B) Types of Injunctions: Interim 3. (2) The defendant states no valid contract was
Injunction (temporary, before full hearing), 14. Recovery of Possession of Premises (A) entered into… (3) WHEREFORE the defendant
Interlocutory Injunction (temporary, after both Procedure: Quit Notice must be served according prays for dismissal of the suit. Signed:
parties heard), Mareva Injunction (freezes assets to Tenancy Law of Lagos State 2011. Seven Days’ [Defendant’s Lawyer]
to prevent dissipation), Anton Piller Injunction Owner’s Intention to Recover Possession must
(grants access to secure evidence). follow. If the tenant refuses to vacate, the
landlord files for possession order in 4. Motion on Notice
8. Pleadings & Amendments Magistrate/High Court. (B) Summary Procedure:
Purpose: A formal request requiring notice to the Draft:
opposing party.
IN THE FEDERAL HIGH COURT SUIT NO: …
Draft: BETWEEN: [APPLICANT] AND [RESPONDENT]
APPLICATION FOR ENFORCEMENT OF
IN THE HIGH COURT OF LAGOS STATE SUIT NO: … FUNDAMENTAL RIGHTS The applicant seeks the
BETWEEN: [CLAIMANT] AND [DEFENDANT] following reliefs: (1) A declaration that his arrest
MOTION ON NOTICE TAKE NOTICE that the and detention were unlawful. (2) An order for his
claimant shall apply for: (1) An order for an immediate release. Signed: [Applicant’s Lawyer]
interlocutory injunction restraining the
defendant… Supported by an affidavit, a written
address, and exhibits. Signed: [Lawyer’s Name]
Conclusion
5. Motion Ex Parte
Purpose: Filed without notifying the other party
(e.g., urgent injunctions). These documents are crucial in litigation. Their
drafting follows strict procedural rules, and
Draft: incorrect filings may lead to dismissal. Always
ensure compliance with court rules when
IN THE HIGH COURT OF LAGOS STATE SUIT NO: … preparing legal documents.
BETWEEN: [CLAIMANT] AND [DEFENDANT]
MOTION EX PARTE TAKE NOTICE that this
Honourable Court shall be moved on [Date] for:
(1) An order of interim injunction restraining the
defendant… Signed: [Lawyer’s Name]
6. Affidavit in Support
Purpose: Sworn evidence supporting an
application.
Draft:
IN THE HIGH COURT OF LAGOS STATE SUIT NO: …
BETWEEN: [CLAIMANT] AND [DEFENDANT]
AFFIDAVIT IN SUPPORT OF MOTION I, [Name],
male/female, Christian/Muslim, of [Address], do
solemnly swear: (1) That I am the claimant in this
suit. (2) That on [Date], I entered into an
agreement with the defendant… (3) That unless
this Honourable Court grants this order, I will
suffer irreparable damage. DEPONENT:
[Claimant’s Signature] SWORN TO at the High
Court Registry this … day of … 20… Before me,
COMMISSIONER FOR OATHS
7. Notice of Appeal
Purpose: Used to file an appeal against a court
decision.
Draft:
IN THE COURT OF APPEAL OF NIGERIA APPEAL
NO: … BETWEEN: [APPELLANT] AND
[RESPONDENT] NOTICE OF APPEAL TAKE NOTICE
that [Appellant’s Name], dissatisfied with the
judgment of [Trial Court] given on [Date], intends
to appeal on the following grounds: (1) The
learned trial judge erred in law by… Signed:
[Appellant’s Lawyer]
8. Election Petition
Purpose: Challenges election results.
Draft:
IN THE ELECTION TRIBUNAL PETITION NO: …
BETWEEN: [PETITIONER] AND [RESPONDENT]
ELECTION PETITION The petitioner, [Name],
states: (1) That an election was held on [Date]…
(2) That the election was marred by
irregularities… (3) WHEREFORE the petitioner
prays for the election to be annulled. Signed:
[Lawyer’s Name]
9 divorce
Draft:
IN THE HIGH COURT OF LAGOS STATE SUIT NO: …
BETWEEN: [PETITIONER] AND [RESPONDENT]
PETITION FOR DISSOLUTION OF MARRIAGE The
petitioner prays for the dissolution of the
marriage on the grounds that: (1) The respondent
has committed adultery… (2) The respondent has
deserted the petitioner for more than 2 years…
Signed: [Petitioner’s Lawyer]
10. Fundamental Rights Enforcement Application
Purpose: Used to enforce human rights under
Section 46 of the 1999 Constitution.
