What are the different types of summons in Nigeria?

Asked by: Dr. Hubert Jones  |  Last update: March 17, 2026
Score: 4.8/5 (52 votes)

In Nigeria, summons (originating processes) for civil cases fall into four main types: Writ of Summons (for contentious disputes needing trials), Originating Summons (for interpreting documents or statutes with little factual dispute), Originating Motion/Application (for fundamental rights, prerogative orders like mandamus), and Petition (for specific matters like divorce, probate, or election cases). The choice of process depends on the nature of the case and the degree of factual dispute.

How many types of summons are there?

Types of summons

Three types are citation, civil summons and administrative summons. Citation can be defined as a summons to appear in front of a judicial body at a certain period. The defendant is answerable to certain legal offences such as misdemeanour, traffic infractions or summary offences.

What is the difference between writ of summons and originating summons in Nigeria?

For under the writ of summons, facts are regarded as holding a pride of place and the fountain head of the Law, in the sense that the facts lead to a legal decision on the matter. Contrariwise, in general terms, originating summons is used for those actions where the facts are not in dispute or likely to be in dispute.

What are the three types of offences in Nigeria?

Offences are of three kinds, namely, felonies, misdemeanours, and simple offence. A felony is any offence which is declared by law to be a felony, or is punishable, without proof of previous conviction, with death or with imprisonment for three years or more.

What are the three types of cases?

The three main types of legal cases are criminal, civil, and bankruptcy, with criminal cases further divided into infractions, misdemeanors, and felonies, while civil cases cover disputes like personal injury or contract issues. Other categorizations exist, such as crimes against persons, property, or society, or federal court case types like federal question or diversity of citizenship cases.
 

The Power of Summons/The Power to Summon under Nigerian Criminal Law (Part 1 of 3) - ORIGINAL

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What are different types of cases?

Legal cases primarily fall into two main types, Civil (disputes between individuals/entities, like contract breaches or personal injury) and Criminal (government prosecuting violations of public law, like theft or assault). Within these, specific categories include Family Law (divorce, custody), Probate (wills, estates), Bankruptcy, Contract Disputes, Torts (personal injury), and Traffic cases, often handled in state courts, while federal courts handle cases involving federal law, the U.S. government, or interstate disputes. 

What are level 3 crimes?

Level 3 felonies are punishable by 3 to 16 years in prison. Aggravated battery and arson involving bodily injuries are both Level 3 felonies.

What is a misdemeanor in Nigeria?

Misdemeanors. Misdemeanors are offences lower than felony and punishable generally with fines, forfeiture or imprisonment. They are offences punishable upon conviction for a term which exceeds 6 months but below 3 years.

What are the most common crimes in Nigeria?

Contents

  • 1.1.1 Child sexual abuse.
  • 1.1.2 Corruption.
  • 1.1.3 Domestic violence.
  • 1.1.4 Human trafficking.
  • 1.1.5 Kidnapping.
  • 1.1.6 Money laundering.
  • 1.1.7 Murder.
  • 1.1.8 Organised crime.

What are the 4 forms of punishment?

The four main types of punishment in criminal justice are retribution, deterrence, incapacitation, and rehabilitation, each serving a different goal: making offenders pay for their crime (retribution), discouraging future crime (deterrence), preventing them from committing more offenses (incapacitation, e.g., prison), or changing their behavior to be law-abiding (rehabilitation). 

Should I be worried about a summons?

Criminal Cases: In certain jurisdictions, you might receive a summons instead of an arrest warrant if you're being charged with a minor criminal offense. This document requires you to appear in court on a certain date. Failing to appear can lead to more severe penalties, including a bench warrant for your arrest.

What are the four types of notices?

Types of notices

  • Actual notice.
  • Constructive notice.
  • Funding Opportunity Announcement.
  • Judicial notice.
  • Notice of proposed rulemaking (administrative law)
  • Previous notice (parliamentary procedure)
  • Public notice.
  • Resign.

What is a writ of summons in Nigeria?

(1) "A writ of summons is an originating process by means of which actions are commenced. The competence of such process is a prerequisite for a valid and subsisting claim.

Will I go to jail for a summons?

A person who ignores a criminal summons may face significant consequences. First, the court that issued the summons may issue a bench warrant. A bench warrant authorizes law enforcement to arrest you anytime to bring you before the court to resolve your criminal charges.

What happens if you get a summon?

Receiving a summons means you are officially notified of a legal action (like a lawsuit or criminal charge) and are legally required to take specific action, such as appearing in court by a set date or filing a formal written response (an "Answer") within a deadline (e.g., 20-30 days), to avoid serious consequences like a default judgment against you. The summons details the case and next steps, which can range from paying a traffic ticket to attending an arraignment for a criminal charge, and it's crucial to read it carefully and consult a lawyer to understand your options and avoid negative repercussions.
 

What are the 4 types of offenses?

Types of Criminal Offenses

  • Crimes Against a Person. Crimes against a person are those that result in physical or mental harm to another person. ...
  • Crimes Against Property. Crimes against property typically involve interference with the property of another party. ...
  • Inchoate Crimes. ...
  • Statutory Crimes. ...
  • Financial and Other Crimes.

What are the 8 most serious crimes?

There isn't a universally defined list of exactly "8 heinous crimes," but common examples include murder, rape, robbery, aggravated assault, arson, kidnapping, torture, and war crimes/crimes against humanity, often categorized by their extreme violence, impact on human life, or violation of fundamental human rights, encompassing both serious violent and property crimes in domestic contexts (like the FBI's UCR list) and severe international violations. 

What are the 10 types of common crimes?

Ten common crimes often cited include Larceny/Theft, Burglary, Assault, Robbery, Motor Vehicle Theft, Drug Crimes, DUI (Driving Under the Influence), Fraud/Identity Theft, Domestic Violence, and Vandalism, with property crimes like theft being the most frequent overall, followed by violent offenses. 

What are the three types of misdemeanors?

There are generally three main classes of misdemeanors (A, B, C or 1, 2, 3), varying by state, with Class A (or 1) being the most severe, carrying longer jail time and higher fines, while Class C (or 3) are the least serious, often involving smaller fines and shorter jail sentences, reflecting a hierarchy of risk and punishment.
 

Can a misdemeanor affect your job?

Yes, a misdemeanor can affect employment, especially depending on the job's nature (e.g., healthcare, finance, childcare), the offense's relevance (theft, violence), how recent it is, and local "Ban the Box" laws. While some misdemeanors can hinder job prospects, being upfront and showing rehabilitation can build trust, and specific legal protections exist, but many offenses appear on standard background checks. 

What are the six forms of punishment?

Types of Punishment

  • Incarceration. Incarceration means time in a local jail or a state or federal prison. ...
  • Fines. Many criminal punishments carry fines, which is money paid to the government (often a city, county, or state).
  • Diversion. ...
  • Probation. ...
  • Restitution. ...
  • Community service. ...
  • Defendant 1. ...
  • Defendant 2.

What does class C mean in jail?

A Category C prison in the UK is a medium-security training and resettlement prison for inmates who can't be trusted in open conditions (like Category D) but don't pose a high risk of determined escape, focusing on skill development for release, often for non-violent offenses like fraud or burglary, with most prisoners spending time here.
 

What are the five main categories of crime?

Five common types of crime include Violent Crimes, Property Crimes, White-Collar Crimes, Organized Crime, and Public Order Crimes, though categories can overlap, encompassing offenses like homicide (violent), burglary (property), fraud (white-collar), drug trafficking (organized/public order), and cybercrimes (cross-category).
 

What is a class A or B misdemeanor?

Class A Misdemeanor – Up to one year of incarceration and a potential fine of up to $5,000. Class B Misdemeanor – Up to 180 days of incarceration and a potential fine of up to $1,000. Class C Misdemeanor – Up to 60 days of incarceration and a potential fine of up to $500.