How to Sue Someone in Nigeria: A Practical Guide to Filing a Civil Lawsuit
Considering legal action against someone who has wronged you? Before you file, it helps to understand how Nigerian courts actually work, from choosing the right forum to what your lawyer will need to get started.
Is Court Always the Right Answer?
Not every dispute needs a courtroom. Where relationships matter, a business partnership, a family disagreement, a commercial deal you’d like to preserve arbitration, mediation, or negotiated settlement can resolve the issue faster, more cheaply, and with less reputational fallout than litigation. Court should be a considered choice, not a default reaction.
Who Can Sue, and On What Basis?
Nigerian law requires two things before a claim can proceed:
A claim must also be grounded in law. Nigerian courts will not entertain frivolous suits or adjudicate disputes that have no legal foundation.
Why You Need a Lawyer
Only a legal practitioner as an officer of the court may file and prosecute an action on a client’s behalf. Beyond drafting and filing court processes, a lawyer assesses the strength of your case, advises on realistic outcomes, and bears personal responsibility (including cost awards) if a frivolous suit is filed in your name.
For those who cannot afford private representation, the Legal Aid Council, the Office of the Public Defender, the Human Rights Commission, and various NGOs offer free legal assistance. Many private practitioners also take on pro bono or contingency-fee matters.
Jurisdiction: Getting the Right Court
Filing in the wrong court is a common and costly mistake. Jurisdiction in Nigeria turns on both the subject matter and, in civil claims, the monetary value involved:
- Claims within the Magistrate Court’s monetary threshold (e.g., up to ₦10,000,000 in Lagos State) may be filed there; higher-value contract or civil claims go to the High Court.
- Land and property disputes fall exclusively within the High Court’s jurisdiction.
- Employment disputes belong to the National Industrial Court.
- Matrimonial causes under statutory marriage are filed at the High Court.
- Fundamental human rights claims may be brought in the Federal High Court or the National Industrial Court.
- Admiralty and maritime matters are exclusively for the Federal High Court.
The Filing Process
Once the appropriate court is identified, the action is commenced by a writ of summons or originating summons, filed with the required fee and supporting documents. The defendant is then served and must respond with a statement of defence, witness depositions, and supporting documents. Where issues are duly joined and service is confirmed, the matter proceeds to hearing, where the court weighs the evidence and submissions of both sides.
Nigerian civil cases are decided on the balance of probabilities: judgment goes to the party whose evidence makes their version of events more likely true than not.
How much does it cost to sue someone.
Considering legal action? Speak with our litigation team before you file your case for a proper case assessment at the outset can save significant time and cost.