How to file a civil suit in Nigerian lower courts

Today I want to talk on how to file a civil suit in Nigerian lower courts. Before we proceed, I want you to understand that law suit can be criminal or civil, but in this article we are concerned with how to file the civil type. Please subscribe to our next post on how to file a criminal suit in Nigerian lower courts, so you don't miss it. In nigeria, we have the lower courts and the superior courts of record and the processes of initiating law suits in both categories of courts differ. Unlike the superior courts, lower courts are not courts of record; they are courts precided over by individuals who are not lawyers, except for the upper area courts that are precided over by barristers. Area courts 1 and 2 are precided over by individuals (not lawyers) who hold Diploma in law and have gained requisite experience in the court system or those who do not even have Diploma in law but have worked in the court and have gained requisite experience also. If you are initiating a civil suit in any of the lower courts in Nigeria, you can personally walk into the court registery to register your complain without the help of a lawyer; but if you can afford the service of a lawyer, it is better for you. After registering your complain, the registry will issue a summons to the Defendant (the person you are suing) to appear before the court on a particular date written on the summons. Note that you will pay a filling fee to the registry and also pay the court Belief (messanger)'s transport for service of process on the Defendant. When the Defendant comes to the court, details of your complain will be read to the hearing of the Defendant, after which the court will ask if the Defendant has understood the complain. If understood, the Defendant will admit liability or deny liability as the case may be. But if not understood, details of the complain will be read over again to the Defendant. Note that if the Defendant doesn't understand the language of the court (English) the court must look for an interpreter who fully understands the Defendant's language so the language of the court will be interpreted for the Defendant's understanding. Failure to comply with this by the court may reneder the entire proceedings void and it gives the Defendant right of appeal after the court's decision. After the Defendant has understood details of the complain, the court will adjourn sitting for proper hearing on a specified date. This gives the parties (Plaintiff and Defendant) the chance to go and prepare their witnesses before the adjourned date of hearing. Either of the parties is expected to call witness or bring any evidence to rely on in proving his or her case.