THE NIGERIAN LEGAL SYSTEM

CONTENTS

1.0       Introduction

2.0       Objectives

• Main Content
• Duality
• External Influence
• Geo-Cultural Diversity
• The System of Precedents
• Order of Judicial Hierarchy
• Fusion of the Legal Profession
• Military Influence
• The nature of Nigerian Law

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assigned

7.0       References/Further Readings

INTRODUCTION

Since a person desires absolute freedom to do and undo whatever he likes, the state has had to limit such freedom in the overall interest of everyone and society in general. As a result, human conduct and almost every field of human activity is regulated by law, prescribing standards of behaviour or prescribing at least some basic structure, or conclusion for operating in a given field of endeavour. Where law guarantees a right, there is created a corresponding duty. Similarly, whenever law imposes a duty, it also creates a corresponding right.

OBJECTIVES

In this unit you should be able to understand the following:

• A detailed knowledge of Nigerian Legal System
• Expose to the underlying general principles of law
• That the subject of Nigerian legal system cuts across all aspects of law
• Without law, rules and regulations and a law enforcement system, society would be in disorder.

MAIN CONTENT

Features of Nigerian Legal System

Duality

As a result of the colonial influence and the subsequent imposition of English law, Nigerian legal system has acquired a dual structure comprising customary and English laws. Islamic law, which has a wider application in the northern states of the country, though not indigenous, is for all practical purposes treated as customary law. Rules of customary law are treated with less dignity and have to be proved as facts until they become sufficiently notorious to be judicially noticed.

External Influence:

Nigerian law has borrowed heavily from diverse external sources beginning with the influence of Islamic law in Northern Nigeria as a by-product of the nineteenth century Fulani Jihad. Islamic law has today supplanted the indigenous customary laws of many communities in the Northern part of Nigeria, following the acceptance of the Islamic faith.

English law remains a major source of Nigeria law. Every attempt to reshape and reform the latter, at least until recently, either ended up following the English pattern or deliberately made room for the English rules of practice and procedure. The Criminal Code and the Matrimonial Causes Act are modeled after those of Queensland in Australia while the Penal Code, applicable in the North, is fashioned after the Sudanese Penal Code.

Geo-cultural Diversity:

Geo-cultural diversity is so much a part of the Nigerian legal system. This diversity can easily be traced to the heterogeneity of the country’s ethnic groupings and cultural units. It is believed that there are more than 250 ethnic groupings in Nigeria, spanning across a vast geographical area, each having its peculiar custom and norms differing in some way from those of its neighbours. This situation has further compounded the task of proving customary law and the attainment of a harmonized Nigerian common law.

The System of Precedents:

Nigeria has imbibed the tradition of stare decisis (let the decision stand), which enjoins that earlier decisions should be binding authorities for subsequent cases. The court in which the decision is given may depart from it only in special cases while that precedent strictly binds the lower Courts even where they are inclined by good reasons to do so. This practice of obeying precedents has been justified on the grounds that it enhances certainty and predictability in the law and minimizes the influence of personal bias against settled principles of law.

Order of Judicial Hierarchy:

Nigeria has a well-structured hierarchy in its judicial set-up. Though the state and federal courts co-exist with their respective jurisdictions, there is only one pyramidal line of judicial authority. The Supreme Court, as the highest court in the land occupies the apex, hearing appeals from the Court of Appeal and retaining some measures of original jurisdiction in selected matters.

Fusion of the Legal Profession:

Legal practitioners in Nigeria are trained as barristers and solicitors within unified training scheme at the university level and, therefore, at the Nigerian law school. They are then admitted to the bar as solicitors and advocates of the supreme court of Nigeria, combining the duties of both callings, and they are under the overall control of the Bar Council.

Military Influence:

The impact of the incessant interventions of the military in Nigeria’s political development has left an indelible mark on its legal system. Despite the repeated dismantling of governmental structures, it is commendable that the judiciary has always survived those eras with the least interference.

The nature if Nigerian Law.

Attribute or the characteristics of the legal system

The legal development of all former British colonies of which Nigeria is one, cannot be separated from the reflections of colonialism. Thus, fact that Nigeria was once a colony of England, and a consideration of how the laws of Nigeria involved is necessary. Here, focus will be the nature of Nigerian Legal System.

Nigeria, like many other African countries may be classified under the common law system. It has, however, not lost touch with its indigenous African character as evidenced by the strong impact of the rules of customary law. However, the nature of law in the context of human society is different from the nature of law in the physical realm such as the law of motion, the law of gravity, the law of thermodynamics etc. When we talk about law in the human society, we mean that set or body of rules that frames human actions. In this respect, the purpose or nature of Nigerian law among other things, is to order or prohibits certain actions, disobedience of which involves a penalty by the government.

In this regard, the nature of Nigerian law has many attributes or characteristics, and these attributes of law include the following:

• Nigerian law is usually made by the legislature, that is, the parliament, or by delegated authority.
• This august body has the power to make laws for the peace, order and good governance of Nigeria. By virtue of legislation or statutes, successive governments have affected, more and more positively the political, economic and social aspects or national life
• Law today is mostly codified, that is, written, at the insistence of the lawmakers, especially, when it is made by parliament and so forth. Nevertheless, laws that emanates from custom are mostly unwritten-common laws
• And finally, the law is fundamental and pervasive. There is law with reference to nearly all things Nigeria law, therefore, covers and regulates practically all aspects of life and human activity.

SELF-ASSESSMENT EXERCISE

What are the attributes of the legal system?

CONCLUSION

In this unit we have discussed Nigerian legal system, such as, its duality, external influence, geo-cultural diversity, the system of precedents, its order to judicial hierarchy, fusion of the legal profession, and its military influence. It is therefore, apt to conclude that a legal system is a necessity to ensure a safe, progressive and free society. There has to be law an order so that lives, property and society will be safe, orderly and peaceful.

SUMMARY

The existence of a legal system is therefore a necessity in the overall interest of everyone and society for the continued protection of person, their properties, rights and freedoms on the one hand, and for the safety of the state and its interest on the other hand, as opposed to lawlessness, chaos and disintegration.

TUTOR MARKED ASSIGNMENT

The relevance of a legal system cannot be over emphasized, explain this in the overall context of the Nigerian legal system.

REFERENCES/FURTHER READING

Ese Malemi, (1999) - Out line of Nigerian Legal System, Lagos, Grace Publisher Inc.

Jimmy Chijioke, (1998) - The Eggheads Business and Co-operative Law Study Pack, Abuja.

John Ohireime Asein, (1998) - Introduction to Nigerian Legal System, Ibadan, Sam Bookman Publishers.

Sanni, A.O., (1999) - Introduction to Nigerian Legal Method, Ile-Ife, Kuntel Publishing House.