The High Court of Justice (HCJ) deals with cases involving senior government officials.
The 1999 constitution and Nigerien law require a warrant for an arrest, and this generally is observed in practice, outside areas under special states of emergency, such as the entire Agadez Region between 2007 and 2009.
Nigerien law allows individuals to be detained initially for up to 48 hours without charge, and allows an additional 48-hour detention period if police need more time to gather evidence.
Widespread ignorance of the law and lack of financial means prevented many from fully exercising their right to an attorney and using the bail system.
They have authority to arbitrate in many customary law matters, including marriage, inheritance, land, and community disputes, but not in all civil issues.
An avocat is authorized to act in all legal matters between his client and other parties, including representation before a court.
[2] Such trial delays have been attributed to lengthy legal procedures, inadequate resources, staff shortages, and corruption.
[2] Although the constitution and law provide for an independent judiciary, this has not been the case in practice under the Hamani Diori government (1960–74) and the three following military regimes (1974–91, 1996–99, 1999).
Judges are reported to sometimes fear reassignment or having their financial benefits reduced if they render a decision unfavorable to the government.
[2] In civil matters there were reports that family and business ties influenced lower court decisions.
[14] At the same time, local civil judicial courts are considered by the United States government to be generally independent and impartial, and there is access to seek damages for human rights violations.
[2] One such case was the much publicised suit by a woman who successfully sued the Nigerien government for failing to enforce anti-slavery legislation in 2008.