Matrimonial Principles and Judiciary in Nigeria

Matrimonial Principles

• Matrimonial principles for statutory marriages in Nigeria are influenced by English Law, similar to contract and commercial law.

Independence of the Judiciary

• Since 1960, the Nigerian judiciary is recognized as separate and independent from other government branches.
• The judiciary's primary role is to interpret the law.
• Key aspects of judicial independence:
  • Security of Tenure: Judicial officers should have stable and secure positions.
  • Administrative Independence: Judicial officers nominated by the government impact independence.
  • Financial Security: Judicial officers' salaries are funded by the executive.
• Overall, the judiciary has considerable independence but is not completely free from government influence.

Hierarchical Court System

• Nigeria has a structured court system arranged hierarchically in a pyramid formation.
• The Supreme Court of Nigeria is the apex court and final court of resort.
• The Court of Appeal handles appeals from middle courts, including:
  • High Court (federal and state)
  • Sharia Court of Appeal
  • Customary Court of Appeal
• Inferior courts include:
  • Magistrate Courts
  • District Courts
  • Area Courts
  • Sharia Courts
  • Customary Courts

Legal Principles in Judicial Conduct

• Audi Alteram Partem Rule: Every individual must be given the chance to be heard before a decision is made.
• Nemo Judex in Causa Sua: No one should preside over a case where they have a personal interest to avoid bias.

Contentious Trial Process

• Trials in both civil and criminal contexts are adversarial and contentious.
• Lawyers represent parties, and the judge evaluates arguments based on established facts.
• In criminal cases, the accused is presumed innocent until proven guilty, with the burden of proof on the accuser.

Protection of Fundamental Human Rights

• Fundamental Human Rights are enshrined in the Nigerian Constitution since 1960, particularly in Chapter IV (Sections 33 to 44 of the 1999 Constitution).

Multiplicity of Laws

• Nigeria operates under multiple legal systems, including both criminal and civil law.

Differences Between Criminal Law and Civil Law

• Purpose: Criminal law maintains public order; civil law resolves disputes.
• Parties Involved: Criminal law involves the state vs. the accused; civil law involves private parties.
• Burden of Proof: In criminal law, the prosecution must prove guilt beyond reasonable doubt; in civil law, the plaintiff must prove the case by a preponderance of evidence.
• Nature of Offenses: Criminal law addresses societal offenses; civil law addresses individual disputes.
• Legal Consequences: Criminal convictions may lead to imprisonment or fines; civil law generally results in remedies or compensation.
• Standard of Proof: Criminal law requires proof beyond reasonable doubt; civil law requires a balance of probabilities.

Received English Law

• English law influences Nigerian law, specifically:
  • Common Law
  • Doctrines of Equity
  • Statutes of General Application as of January 1, 1900
• Only statutes enacted before this date are considered applicable in Nigeria.

Customary Law

• Ethnic Customary Law: Reflects indigenous customs, typically unwritten and flexible.
• Islamic Customary Law: Based on religious texts with strict, written sources.
• Both categories of customary law are recognized under statutory provisions but are subject to validity tests for legal application.

Nigerian Legislation

• Legislation is the formal process of enacting laws by authorized bodies in Nigeria.
• It includes various legal instruments:
  • Ordinances
  • Acts
  • Decrees
  • Edicts
  • Laws
• Delegated legislation encompasses subordinate laws created by authority under existing statutes.