By Ruqayyatu Modibbo Umar
I’m excited to share that I have recently qualified as a solicitor and notary public in Scotland while continuing my practice as a lawyer in Nigeria. This journey has been nothing short of fascinating, enlightening, and transformative!
The Scottish legal system is distinct from Nigeria’s, as Scottish law is a hybrid of civil law (Roman) and common law. Let’s take a quick look at it: The accused, referred to as the panel, can be tried in the Justice of the Peace Court, with the right to reclaim a motion (appeal) to the Sheriff Appeal Court. Ultimately, cases may reach the High Court of Justiciary, the apex criminal court in Scotland. Interestingly, this apex court can also serve as a court of first instance for serious criminal matters such as murder and rape. Additionally, offenses like homicide can be tried in the Sheriff Court. Prosecution is handled by the Procurator Fiscal or the Lord Advocate, who has powers similar to the Attorney General of the Federation (AGF) in Nigeria.
The appointment of Sheriffs, including Sheriffs Principal, is vested in Her Majesty, based on the recommendation of the First Minister, following consultation with the Lord President.
In Scotland, there is a clear distinction between summary and solemn proceedings. Summary proceedings are for less serious offenses and are heard by a sheriff or justice of the peace without a jury. Solemn proceedings, on the other hand, are for more serious offenses and involve a jury.
In contract law, the pursuer (plaintiff) must always fulfill (purify) a condition. Civil matters usually begin in the Sheriff Court, with the right to reclaim a motion to the Sheriff Appeal Court and eventually to the Outer House of the Court of Session. For civil matters beyond the jurisdiction of the Sheriff Court, the Inner House of the Court of Session has jurisdiction to entertain them at first instance, with the right to reclaim a motion to the Outer House of the Court of Session, which is the apex court for such cases.
In civil litigation, both the pursuer and the defender have the right to make offers—referred to as the pursuer’s offer and the defender’s tender, respectively. This allows them to offer to settle the case before it goes to trial. If the offer or tender is rejected and the offering party succeeds in court, the rejecting party may be liable for a percentage of the legal fees incurred by the offering party.
Scotland also has special courts and tribunals, such as the All Scotland Personal Injury Court, which has exclusive jurisdiction over all personal injury matters within Scotland.
In rape cases, unlike in Nigeria, the offense can be committed if the panel uses any part of their body or an object to penetrate the victim. As a result, a woman can be convicted of rape. They also recognize marital rape. For more details, refer to the Sexual Offences (Scotland) Act 2009.
In Scotland, you make craves (prayers) in court when filing motions. If you are unsure about who to return a property to, you initiate an action of multiplepoinding (pronounced “multiplepinnding”), which is similar to interpleader proceedings in Nigeria. An options hearing is also necessary before the proof (hearing) starts.
The law of succession in Scotland is particularly interesting and shares similarities with Islamic law, as they use fractions to determine legal rights in intestate succession. For example, in legal rights, the relict (spouse) is entitled to one-third of the estate if the deceased had children, and one-half if the deceased had no children. The same applies to legitim (children); if the deceased left a relict, the legitim receives one-third, and if none, then one-half. Where both the relict and legitim are present, they share two-thirds of the estate. This rule applies only to the deceased’s movable property, while issues like the dwelling house are considered separately in intestate succession.
Legatees also have the right to declare artificial intestacy by rejecting a legacy and opting to claim their rights under legal rights.
Regarding legal terminology, what we call an affidavit in Nigeria is known as a sworn statement in Scotland. Writs of summons in Nigeria are called initial writs in Scotland.
The titles and roles of Solicitor and Advocate are quite distinct. To qualify as an advocate (barrister), the candidate must spend nine months as a devil, learning from and assisting established advocates. However, a solicitor can become a solicitor advocate after undertaking training with the Law Society of Scotland, which grants expanded rights before higher courts in Scotland.
This requalification has not only expanded my legal expertise but also deepened my appreciation for the nuances of different legal systems. I am incredibly grateful to Almighty Allah for His infinite grace and mercy. I also appreciate the support and encouragement from friends, family, and colleagues who have been instrumental in this journey— Your belief in me has been a tremendous source of motivation.
I look forward to leveraging this knowledge to provide more comprehensive legal services.
Umar sent this piece from Abuja
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