NIGERIAN LEGISLATION

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Primary Legislation
• Delegated Legislation/Subsidiary Legislation
• Nigerian Customary Law
• Case Laws
• International Law

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Reading

INTRODUCTION

Legislation as a source of law means the law made by the organ of government whose primary duty is to make law for the State. Therefore, legislation is the product of a deliberate and formal expression of rules and conduct made by the relevant law-making authority. It is important that the relevant authority is recognized for the purpose by the operative political and legal machinery of the State, otherwise the declaration lacks legality and the force of law. Thus, laws made by the legislature are called “Statutes”. Nigerian statutes are variously known as Ordinances, Acts, Decrees, Laws and Edicts depending on when they are enacted.

OBJECTIVE

In this Unit you should be know the following:-

• Different types of legislation
• That Legislation is a source of law
• That under the Military regimes, Decrees constitute the supreme laws of the land
• Local legislation is today the most potent and adaptable of all the sources of Nigerian law.

MAIN CONTENT

Primary and Subsidiary Legislation:

Legislation may be primary or subsidiary legislation, otherwise known as statutes, are those enacted laws that emanate from the major legislative arm of government. This may either be the National Assembly, comprising the Senate and House Representatives or a State House of Assembly, serving the Federal and State Legislative interests respectively. These Statutes go by the nomenclature Ordinances, Acts, Laws, Decrees or Edicts, depending on the status and political nature of the enacting authority. Legislation as a source of law is easily the most important source of law in modern times, over shadowing other sources of law so much that when we talk of law today we immediately think of the Statute.

Delegated Legislation/Subsidiary Legislation:

However, a subsidiary, on the other hand, has been defined as legislation made by a person or body other than the sovereign parliament (or the government of the State or Federation) by virtue of powers conferred either by Statute or by legislation which is itself made under the statutory power. This form of legislation is inferior to, and may  be repealed directly by, a primary legislation. Regulations, Rules, Orders and By-laws are some of the subsidiary legislation. Thus, such laws made by the delegate within the limits of its powers also form part of the primary sources of law in Nigeria, and have been consolidated in the laws of the Federation of Nigeria since 1990 immediately after their respective principal Act.

Nigerian Customary Law:

Nigeria became a truly federal State on October 1, 1959 with the introduction of a Federal Constitution by the Nigerian Order-in-Council of that year. But prior to the advent of the colonialist, the various existing communities in Nigeria had their own system of customary law governing their affairs. Customary law is rules of conduct accepted by members of a community as binding among them. Nigerian Customary Law can be classified into ethnic/non-Moslem customary law and Moslem (Islamic Law). The ethnic customary law is indigenous, unwritten and diverse from one ethnic group to the other. Moslem law is however, largely written in the Koran and the practice of the prophets.

Thus, the rules of customary law are subject to tests of validity. Before a customary  law rules is applied by the court, it must have passed the three tests are that the customary law rule must not be –

• Repugnant to natural justice, equity and good conscience;
• Contrary to public policy, and
• Incompatible directly or by implication with

Any rule of customary law that have passed the above tests also form part of the corpus of the Nigerian Law

Case Laws:

When a Judge makes a decision in a case he disposes the immediate problem that comes before him and also lays down a legal principle, which other Judges will have to follow. When a lower court is confronted with a legal question or issue, the lawyers and Judges are free to search into the case laws and find a precedent which they can fall back upon and cite as authority to a court that is lower than the court that delivered that judgment, where the facts of the case are similar to one that has been decided before.

Thus, judicial precedent is one of the main sources of law in Nigeria. It is a judgment  or decision of a court cited as an authority for the purpose of persuading the court to decide a similar case on the same principle as the previous one.

International Law:

International conventions, Treaties and Resolutional bodies such as the United Nations Organization (UNO), African Union (AU), and International Labour Organization (ILO) etc. form a secondary source of law in Nigeria. They are however translated into primary source if the Conventions, Treaties or Resolutions are ratified by Nigeria and their provisions enacted into our law. Section 12(1) of the 1999 Constitution of our country makes a provision for the implementation of these treaties after their domestication/ratified by the legislature.

SELF- ASSESSMENT EXERCISE

Explain the statute that enacted laws emanate from the major legislative arm of government.

CONCLUSION:

Legislation involves wider participation, which is more easily achieved through the process of representative democracy in the legislative house. Each of the legislative houses, at both Federal and State levels, has a broad representative to cater for the interests of its constituencies. More importantly, the relative ease with which Statutes are enacted makes this process of law making more endearing than any other does.

SUMMARY:

Legislation has a tremendous effect on the other sources of law. Where the content of another source of law is in conflict with the provisions of the legislation, that other rule of law will be null and void to the extent of its inconsistence with that provision of the legislation. Thus, legislation can and has been used to change the content of other sources of law by repealing or abrogating them.

TUTOR MARKED ASSIGNMENTS:

• Explain what is meant by Legislation and what do you understand by the term, “Domestication of International Treaties”?
• Where the content of another source of law is in conflict with the provisions of the legislation, that other rule of law will be null and void. Vividly throw more light on this statement.

 REFERENCES/FURTHER READING

Akaniro, E. G., (1997) – A study Guide to General Principle of Nigerian Law, Ikeja, Elcoon Press Ltd.

Dias, R. W. M., (1976) – Jurisprudence, London, Buther wors.

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

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

 1999 Constitution of the Federal Republic of Nigeria.