A LEGAL STANDPOINT ON CRIMINAL PROCEEDINGS IN AREA COURT
Recent legislative and judicial reforms in Nigeria have resulted in the exclusion of Area Courts from the exercise of criminal jurisdiction. Historically, Area Courts have constituted an integral component of Nigeria’s judicial framework, particularly across Northern Nigeria where they have dispensed justice grounded in customary and Islamic legal traditions. Their jurisdiction traditionally encompassed both civil disputes and minor criminal offences. However, ongoing legal reforms in several states have now expressly removed the authority of Area Courts to adjudicate criminal matters. This significant shift calls for a critical reassessment of the legal, constitutional, and practical implications of the evolving role of Area Courts within the broader landscape of Nigeria’s criminal justice system.
Historical and Legal Foundations of Area Courts
Area Courts were established by the Area Courts Laws of various Northern Nigerian states, it emanated from defunct Native court in the old Northern Region and were designed to adjudicate civil and minor criminal matters in accordance with customary and Islamic law. These courts have limited jurisdiction as they were typically seen as court of summary jurisdiction and are typically staffed by judges who may not legally trained in statutory law but possess deep knowledge of local customs. The reorganization of the native Court led to the establishment of the Area Court Edith of 1967.[1]
Prior to recent reforms, Area Courts derive their powers from various state laws, most notably in Northern Nigeria, where they are more prevalent. The Area Courts Law (as applicable in different states) provides the legal framework for their establishment and operation. They are courts of limited criminal jurisdiction, and the extent of that jurisdiction is usually defined by:
- The Area Courts Law of the each State
- Criminal Procedure Code (CPC) applicable in Northern Nigeria
- Customary or Islamic Law, depending on the nature of the case and the parties involved
- Relevant provisions in state High Court laws and judicial guidelines.
Area Courts typically handled minor criminal offences such as theft, assault, trespass, and public nuisance. More serious crimes like homicide, rape, or armed robbery are outside their jurisdiction and must be tried in higher courts such as the Magistrates’ Court or High Court.
The Constitution does not specifically list Area Courts[2] which outlines the judicial powers of the Federation and States. However, Section 6(5) (j) recognizes “such other courts as may be authorized by law to exercise jurisdiction on matters with respect to which a House of Assembly may make laws.”
Pursuant to Section 1(1) Federal Capital Territory Abuja Area Courts (Repeal and Enactment) Act, 2010 it establishes such grades of Area Courts for the Federal Capital Territory, Abuja.
An Area Court shall consist of an Area Court Judge sitting alone[3] and shall hear and determine all questions on Islamic Personal Law. [4]
Criminal Jurisdiction of Area Courts in Federal Capital Territory Abuja:
Jurisdiction as defined in Black’s Law Dictionary[5] is the court’s power to decide a case or issue a decree. Also in the case of A.-G., Federation v. A.-G., Abia State & 35 Ors[6] wherein this court held that the word “jurisdiction” means the authority the court has to decide matters before it or to take cognizance of matter presented in a formal way for its decision. See also the cases of Madukolu v. Nkemdilim[7], and Ohakim v. Agbaso [8]
Prior to the enactment of the Federal Capital Territory, Abuja Area Courts (Repeal and Enactment) Act, 2010, criminal jurisdiction within the Federal Capital Territory (FCT) was conferred upon Area Courts by virtue of the Area Courts Act, Cap. 477, Laws of the Federation of Nigeria 2006. Specifically, Sections 18, 19(1), and 22(a) of the 2006 Act empowered Area Courts in the FCT to hear and determine criminal cases in accordance with the provisions of the Penal Code and the Criminal Procedure Code then in force.
However, with the passage of the 2010 enactment by the National Assembly, the 2006 Act was expressly repealed. Significantly, the new legislation omitted the aforementioned Sections 18 and 19(1), which had formed the statutory basis for the exercise of criminal jurisdiction by Area Courts, for context; section 18[9] states,
“An Area Court shall have jurisdiction and power to the extent set forth in the warrant establishing it, and subject to the provisions of this Act, and of Criminal Procedure Code Act, in all Civil and Criminal Causes in which all the parties are subject to the jurisdiction of the Area Court”.
While Section 13[10] which replaces section 18 in the new rules provides;
“An Area Courts shall have jurisdiction and power to the extent set forth in the warrant establishing it, and subject to the provisions of this Act, and of Civil Causes in which all the parties are subject to the jurisdiction of the Area Court”
It is indisputable that the Federal Capital Territory, Abuja Area Courts (Repeal and Enactment) Act, 2010expressly and deliberately excluded the phrase “of the Criminal Procedure Code Act, in all civil and criminal causes“ a formulation which had previously conferred criminal jurisdiction on Area Courts under the Area Courts Act, Cap. 477, LFN 2006. The deliberate removal of this statutory language signifies a clear legislative intent to divest Area Courts within the Federal Capital Territory of the authority to adjudicate criminal matters.
In effect, by removing the reference to criminal causes and the Criminal Procedure Code, the 2010 Act not only repealed the enabling provisions of the 2006 Act but also redefined the jurisdictional competence of Area Courts within the FCT. This statutory development is consistent with the constitutional framework outlined in Section 6(5) of the Constitution, which does not list Area Courts among the superior courts of record, and leaves their establishment and jurisdiction to the discretion of State Houses of Assembly or the National Assembly in the case of the FCT.
However, there is no publicly available record of a specific written notice issued by any Sharia Court of Appeal formally excluding Area Courts from criminal jurisdiction across Nigerian states. However, the Federal Capital Territory, Abuja Area Courts (Repeal and Enactment) Act, 2010 does clarify and limit this jurisdiction significantly.
In further support of the legislative intent to exclude Area Courts from criminal jurisdiction within the Federal Capital Territory (FCT) and possibly across various states, the Administration of Criminal Justice Act (ACJA), 2015 plays a pivotal role. Section 109 of the Act provides:
“Subject to the provisions of any other law, criminal proceedings may in accordance with the provisions of this Act be instituted; in a Magistrate Court ….. and in the High Court”.
The deliberate and express mention of only the Magistrate Court and High Court as the Courts for instituting criminal proceedings without any reference to Area Courts is highly significant. Applying the interpretative principle of expressio unius est exclusio alterius (the express mention of one thing excludes others) by specifically naming only the Magistrate and High Courts, the ACJA intentionally excludes Area Courts from the purview of criminal adjudication under its framework. Given that Area Courts are typically presided over by laypersons or judges without formal legal training and operate primarily under customary or Islamic law, their inclusion in criminal adjudication could undermine the procedural safeguards enshrined in the Act such as the right to legal representation, bail rights, and rules of evidence.
Moreover, this approach is consistent with constitutional protections under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which guarantees fair hearing and due process in criminal proceedings. Excluding Area Courts from criminal jurisdiction helps to uphold these constitutional guarantees by ensuring that criminal trials are conducted before courts with legally trained judges who are capable of applying formal rules of criminal procedure and evidence.
The combined effect of the ACJA’s provisions, together with the deliberate legislative omission in the FCT Area Courts (Repeal and Enactment) Act, 2010, strongly supports the view that Area Courts no longer possess statutory competence to entertain criminal matters, at least within the Federal Capital Territory.
[1] Y.D.U Hambali, practice and procedure of criminal litigation in Nigeria, 2nd Edition (feat print and publish ltd 2018), pg 14.
[2] Section 6 1999 of the Federal Republic of Nigeria (as amended)
[3] Section 2(1) of Federal Capital Territory Abuja Area Courts (Repeal and Enactment)
Act, 2010
[4] Section 2(2) ibid.
[5] 8th Edition page 867
[6] (2001) 7 SC(Pt. I) 100, (2001) 11 NWLR (Pt. 725) 689
[7] (1962) 2 SCNLR 341
[8] (2010) 19 NWLR (pt 1226) pg 127 at 269
[9] Area Courts Act, Cap. 477, Laws of the Federation of Nigeria 2006
[10] the FCT Area Courts (Repeal and Enactment) Act, 2010