Why was the privy court in existence in Nigeria despite the fact that Nigerians had gained her independence

Answer 1

The Privy Council, also known as the Judicial Committee of the Privy Council, is the highest court of appeal for certain Commonwealth countries, including Nigeria up until 1963.

After Nigeria gained independence on October 1, 1960, it continued to recognize the Privy Council as its highest court of appeal. This was due to a provision in the Nigerian independence constitution that allowed for appeals from the Nigerian courts to the Privy Council.

There were several reasons why Nigeria kept the Privy Council as its final appellate court even after independence:

1. Legal Continuity: Nigeria wanted to maintain legal continuity and stability during the transition to independence. The Privy Council, with its long-standing judicial expertise and well-established precedents, provided a consistent and stable legal framework.

2. Lack of Local Capacity: At the time of independence, Nigeria did not have a fully developed legal system or a strong judiciary that could confidently handle complex legal matters. The country lacked a sufficient number of highly experienced judges and legal infrastructure. Relying on the Privy Council ensured access to a well-established and experienced court.

3. Trust in the British Legal System: Nigeria, as a former British colony, had a legal system largely influenced by British common law. The Privy Council was seen as a trusted and impartial court, especially since it had been the final court of appeal during the colonial period. Nigerians, including legal practitioners and the judiciary, had faith in the expertise and fairness of the Privy Council.

4. Slow Process of Decolonization: Although Nigeria gained independence in 1960, it took a few years to fully transition out of British legal influence and establish its own Supreme Court. During this transitional phase, the Privy Council served as a trusted intermediate appellate court.

However, in 1963, Nigeria abolished the Privy Council as its final appellate court. The country enacted its own constitution, which established the Supreme Court of Nigeria as the highest court of appeal. This move aimed to assert Nigeria's sovereignty and independence in its legal system.