Nigerian Legal System PDF

NIGERIAN LEGAL SYSTEM The Nigerian legal system is a complex and multifaceted framework that governs the country's laws, regulations, and judicial processes. It can also be referred to as the complex framework of laws, regulations, institutions, and processes that govern the country's social, econo...

NIGERIAN LEGAL SYSTEM The Nigerian legal system is a complex and multifaceted framework that governs the country's laws, regulations, and judicial processes. It can also be referred to as the complex framework of laws, regulations, institutions, and processes that govern the country's social, economic, and political activities. The key features of the law include; A. Dualist system- this is where two or more distinct legal traditions coexist and interact. It is also the combination of common law and customary law. Characteristics of a Dualist System 1. Multiple legal systems: Two or more legal traditions, such as common law, customary law, Islamic law, or civil law. 2. Parallel jurisdictions: Separate courts, institutions, or mechanisms for each legal tradition. 3. Interplay between systems: Interaction, overlap, or conflict between the different legal traditions. Types of Dualist Systems 1. Common Law-Customary Law Dualism: Coexistence of common law and customary law, e.g., Nigeria. 2. Civil Law-Common Law Dualism: Coexistence of civil law and common law, e.g., Quebec, Canada. 3. Islamic Law-Secular Law Dualism: Coexistence of Islamic law (Sharia) and secular law, e.g., some African and Middle Eastern countries. 4. Traditional-Modern Law Dualism: Coexistence of traditional law and modern law, e.g., some Indigenous communities. Features 1. Pluralism: Recognition of multiple legal traditions. 2. Diversity: Accommodation of different cultural, religious, or historical backgrounds. 3. Complexity: Potential conflicts and challenges in navigating multiple legal systems. 4. Flexibility: Ability to adapt to changing societal needs. Examples 1. Nigeria: Common law and customary law coexist. 2. Canada: Quebec's civil law and common law systems. 3. South Africa: Traditional law and modern law interact. 4. Malaysia: Islamic law (Sharia) and secular law coexist. B. Pluralistic legal system- this allows multiple legal traditions. It is made up of a framework where multiple legal traditions, institutions, and sources of law coexist and interact. This system recognizes and accommodates diverse cultural, religious, and historical backgrounds. Characteristics of a Pluralistic Legal System 1. Multiple legal traditions: Common law, customary law, Islamic law, civil law, etc. 2. Parallel institutions: Separate courts, tribunals, or mechanisms for each legal tradition. 3. Diverse sources of law: Constitutional, statutory, customary, religious, and international law. 4. Interplay between systems: Interaction, overlap, or conflict between different legal traditions. 5. Recognition of diversity: Acknowledges and respects cultural, religious, and linguistic differences. Types of Pluralistic Systems 1. Multilevel governance: Federal systems with national, regional, and local laws. 2. Multijurisdictional: Separate jurisdictions for different legal traditions. 3. Hybrid systems: Combining elements from different legal traditions. Examples 1. Nigeria: Common law, customary law, and Islamic law coexist. 2. India: Constitutional law, statutory law, and customary law interact. 3. South Africa: Traditional law, common law, and constitutional law coexist. 4. Canada: Federal and provincial laws, plus Indigenous legal traditions. SOURCES OF NIGERIAN LAW Nigerian laws are derived from several sources. They are as follows; 1. English Law- Common law of England, Equity and The Statutes of general application in force in England on January 1, 1990. 1a. Common law- this is law which grew from immemorial customs and practices that were common to the people of England and Wales. Common law is law which grew from customs common to the people of the realm. Common law grew as a result of the practice of the judges who were applying the customs of the people to decide the cases which came up for hearing. Common law evolved and developed as judges played a prominent role in the complete formation of common law. 1b. Equity- this means rules of fairness, natural justice and moral rightness which were formed by the Lord Chancellor and Chancellors in the Court of Chancery as the keeper of the King’s conscience to temper the rigidity and defects of the common law and do justice on behalf of the king to those who appealed against the defects of the common law. 1c. The Statutes of general application in force in England on January 1, 1990- these are statutes passed by the English Parliament and they were meant to apply or extend by reason of subject matter to the various colonies and protectorates of the British Empire. 2a. Legislations or Statutes- is a law enacted by a legislature and it is usually in a written form or code. Legislations or statutes are the main source of law making and law reform for amendments or expansion. The legislative branch of the Federal Government of Nigeria has power to make laws for the peace, order and good government of Nigeria. Legislations or statutes are also called written laws. Where laws are enacted in the legislature such as the National Assembly or the State House of Assembly, which are made up of the elected representatives of the people, the law has to be passed according to the prescribed legislative procedure. After the required number of readings, usually three and debates, some of the laws require at least two third votes of the total members of the legislature to become law, whilst others require only a simple majority of votes. The National Assembly in Nigeria is made of the Senate and the House of Representatives (the lower house). The national assembly and the state houses of assembly can enact statutes within the ambit of the legislative list assigned to them by the constitution. 2b. Acts and Laws- Statutes enacted by the national assembly are called Acts (Acts of Parliament) while the statutes passed by a state house of assembly are called laws. Various  acts and laws have been passed to regulate different aspects of life in Nigeria and are still being passed. 2c. Decrees and edicts- a statute passed by the Federal Ministry Government of Nigeria through the ruling military council is called a Decree while a law enacted by the military government of a state, it is called an Edict. 2d. Bye-Laws- Legislations passed by a local government council are known as bye-laws. Many local government councils across the country have various bye-laws with respect to matters over which they have power to make laws under the constitution such as collection of rates, establishment and maintenance of cemeteries, motor parks, registration of births amongst others as listed under the functions of local government. 3. Customary law- is the law of the various indigenous peoples of Nigeria before other systems of law, English or otherwise, came into Nigeria to displace or modify customary law. Customary or native law and customs with its enforcement system was the only legal system that existed among the indigenous peoples and communities long before the colonialists, religions and systems of law came and took root before Nigeria was created. 4. Islamic law- this is also known as Shariah, is a legal framework based on the teachings of the Quaran and the Hadith (the sayings and actions of the Prophet Muhammad). It provides guidance on various aspects of life, including worship, personal relationships, business and governance. 5. Case law/ Judicial precedents- this refers to the body of law that is created by decisions of judges in court cases. It is a type of common law that is based on the principle of stare decisis, which means to stand by things decided. 6. International Law- this is also known as public international law. It is a set of rules, agreements and treaties that govern the relations between nations, international organisations and individuals. Sources of international law include treaties, customary international law, general principles of law, judicial decisions and international organisations. THE COURTS AND THE PERSONNEL OF THE LAW A court is a place where a judge sits to administer justice and the word ‘’court’’ includes the judge or judges who sit therein dispensing justice according to law. The courts, or the judiciary as they are collectively known is one of the three arms, branches and divisions or powers of government. The function of the judiciary is that of the interpreters and judges of the law. The role of the judiciary is to dispense justice according to law. The courts are a forum for the reconciliation of the legal rights and obligations of the parties. It is also an agent of law reform. HIERACHY OF COURTS IN NIGERIA As a general rule under the doctrine of stare decisis (following previous decision) or binding precedent, a court is bound to follow decisions of a higher court in the hierarchy. But a lower court is not bound by a decision of a higher court which has been overruled. Furthermore, a lower court is not bound by a decision in conflict with a decision of another court which is such higher court in hierarchy. SUPREME COURT The highest court for Nigeria is the Supreme Court of Nigeria, a court which forms part of the hierarchy of federal courts with respect to federal matters. Under the common law doctrine of binding precedent (state decisions), the decisions of the supreme court and the federal court of appeal are binding on all other courts to which the doctrine applies whether those other courts sit. The supreme court is the final court of appeal in Nigeria. The supreme court is headed by a chief justice who is assisted by other justices. The appointment of the chief justice and justices require confirmation by the senate. FEDERAL COURT OF APPEAL This is also mainly a court of appellate jurisdiction however; it has original jurisdiction for presidential and vice-presidential election petition. The Federal Court of Appeal of Nigeria has a convergence of the multiple legal system (English, customary and sharia), it is therefore constitutionally required to have at least three judges who are versed in customary law and at least three judges who are versed in Islamic personal law. Judgements from the court of appeal can be appealed to the supreme court. FEDEREAL HIGH COURT/HIGH COURT OF A STATE/CUSTOMARY COURT OF APPEAL OF A STATE/CUSTOMARY COURT OF APPEAL OF A STATE/THE SHARIA COURT OF APPEAL OF A STATE The federal high court is generally a court of original jurisdiction. However, it has appellate jurisdiction from tribunals such as the Tax Appeal Tribunal. The High Court of a state/Federal Capital Territory is the highest English Law Court in a state of the Federal Capital Territory. The High Court of state/FCT and the Federal High Court have similar powers as there is a division of the Federal High Court in each state and that each state has its own High Court. The customary court of appeal of a state/FCT is the highest customary law court in a state/FCT. It is presided over by a judge who has the title, president of the customary court of appeal of the state/FCT consisted by other judges. The sharia court of appeal of a state/FCT is the highest sharia law court in a state. It is presided over by a Grand Khadi who is assisted by other Khadis. Judgements from all the above (tier 3) can be appealed to the Federal Court of Appeal as they are bound by the decisions of the supreme court and court of appeal. The lowest courts in the country are all state courts for example, the magistrate, customary and sharia courts.