Exploring the Sources of Nigerian Law
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Questions and Answers

What is Nigerian case law?

Nigerian case law refers to the body of law derived from judicial decisions made by Nigerian courts.

What are the sources of Nigerian Law?

The sources of Nigerian Law include English Law, Nigerian enactments, Nigerian case law, Customary/Islamic law, and International law.

What are the components of English Law?

The components of English Law include English enactments extended to Nigeria before independence, received English Law (Common Law, doctrines of equity, statutes of general application in force in England on Jan. 1st 1900), and statutes and subsidiary legislations on specified matters.

What is customary/Islamic law?

<p>Customary/Islamic law is a legal system based on customs and traditions, influenced by Islamic principles, and applicable within certain regions or communities in Nigeria.</p> Signup and view all the answers

What are the different categories of English Law?

<p>The different categories of English Law are: (1) English enactments extended to Nigeria before independence, (2) Received English Law which includes the Common Law, the doctrines of equity, statutes of general application in force in England on Jan. 1st 1900, and statutes and subsidiary legislations on specified matters.</p> Signup and view all the answers

What is international law?

<p>International law refers to the body of rules and principles that govern the relations between nations.</p> Signup and view all the answers

What are the sources of Nigerian Law?

<p>The sources of Nigerian Law are: (1) English Law, (2) Nigerian enactments, (3) Nigerian case law, (4) Customary/Islamic law, and (5) International law.</p> Signup and view all the answers

What is the difference between English Statutes applied directly to Nigeria as a colony and English Statutes and Subsidiary Legislations on specified Matters?

<p>English Statutes applied directly to Nigeria as a colony refer to British statutes that were directly applicable to Nigeria during its colonial period. English Statutes and Subsidiary Legislations on specified Matters refer to English statutes and subsidiary legislations that are relevant to specific areas or subjects in Nigeria.</p> Signup and view all the answers

What is Nigerian case law?

<p>Nigerian case law refers to the collection of judicial decisions made by Nigerian courts, which are considered as legal precedents and used to interpret and apply the law.</p> Signup and view all the answers

What is the significance of International law as a source of Nigerian law?

<p>International law serves as a source of Nigerian law by providing principles, rules, and treaties that Nigeria has ratified and incorporated into its legal system. It helps govern relationships between Nigeria and other countries, as well as regulates various international issues.</p> Signup and view all the answers

Study Notes

Nigerian Case Law

  • Judicial decisions made by Nigerian courts; these serve as precedents for future cases.
  • Influences the development and interpretation of law in Nigeria, guiding legal practice.

Sources of Nigerian Law

  • Constitution: The supreme law, overriding all other laws.
  • Legislation: Includes statutes enacted by the National Assembly and state assemblies.
  • Case Law: Decisions made by courts that establish legal principles.
  • Customary Law: Considers traditional practices and norms of different communities.
  • Islamic Law: Applied mainly in matters of personal status within Muslim communities.

Components of English Law

  • Common Law: Law developed through judicial decisions and precedents.
  • Statute Law: Laws enacted by Parliament.
  • Equity: Supplementary laws that address fairness in legal decisions.
  • European Union Law: Formerly significant, affecting certain aspects of UK law before Brexit.

Customary/Islamic Law

  • Customary Law: Encompasses the practices and traditions of various ethnic groups, recognized in specific legal contexts.
  • Islamic Law (Sharia): Governs personal matters for Muslims, providing guidelines on marriage, inheritance, and morality.

Categories of English Law

  • Public Law: Governs the relationship between individuals and the government (e.g., Constitutional Law, Criminal Law).
  • Private Law: Focuses on disputes between private individuals (e.g., Contract Law, Tort Law).

International Law

  • Governs the relationships between nation-states and international entities.
  • Includes treaties, customary international law, and principles accepted by nations.

English Statutes in Nigeria

  • Direct Application: Some English statutes were directly applicable in Nigeria during colonial rule.
  • Subsidiary Legislation: Regulations made under the authority of primary legislation, tailored to specific matters in Nigeria, which may differ in application compared to broader statutes.

Significance of International Law in Nigerian Law

  • Provides a framework for legal obligations and human rights standards in Nigeria.
  • Influences domestic legislation and decision-making, encouraging compliance with international norms.

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Test your knowledge of the sources of Nigerian law, including English Law and its various components.

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