Onimisi's Care Volume 2.1 PDF

Onimisi’s Care, Volume 2.1.  Onimisi’s Care, Volume 2.1. This “My C.G.P.A.” version of Onimisi‘s Care was first compiled in the year 2019, and has currently undergone the first update in 2023, which is this copy. It is strictly for academic purpose and not for pro...

Onimisi’s Care, Volume 2.1.  Onimisi’s Care, Volume 2.1. This “My C.G.P.A.” version of Onimisi‘s Care was first compiled in the year 2019, and has currently undergone the first update in 2023, which is this copy. It is strictly for academic purpose and not for profit. In the compilation of this, the discussions of the lecturers inside the class were used as the primary sources, while ideas of scholars, writers, authors and lecturers from other universities generally were used as secondary sources. Do well to check the footnotes as you read. Some important cases, sections, and pieces of information have been provided in the footnotes. This material belongs to ___________________________________ from LL.B. _____, Faculty of Law, ______________________________________. If found, return to the pre- mentioned class/faculty/university, or call _______________. Thanks for your cooperation.  Contents.  Don’t Panic, by Hadi Onimisi Tijani.  Nigerian Legal System I (LAW 2301).  Constitutional Law I (LAW 2303).  Law of Contract I (LAW 2309).  Introduction to Computer Past Q/A (LAW 2315).  Closing Remark, by Onimisi – fluent in silence! Page 3 of 275 Onimisi's Care !  DON’T PANIC! b) Correct the mistakes you made in your learning during the previous Hello, dear! semester. c) Review the 'Hints to Effective Are you feeling sad? Studying' in your 'Onimisi's Care! Are you experiencing depression? (Volume 1)' once again. d) Choose your friends wisely: Surround Are you on the verge of tears? yourself with those who you can Are you feeling so down that you forgot to benefit academically from and who say 'Alhamdulillah' (All praise be to Allah)? share the same dreams as you. Avoid those who don't care about your Come on, it's not the end at all. success. As long as you fall and rise, you haven't e) Pray, pray, pray, pray. failed. True failure is when you fall and Meanwhile, if you have some courses to remain on the ground, which is not possible. carry over, don't be scared. WE ARE When you're down, there's no other direction CARRYING THE COURSES OVER to go but up. TOGETHER. You are not alone! (wink) Just place your right hand on your chest, take To those who don't have any issues with a deep breath, smile, and say, 'All is well.' LL.B.1 courses, remember that it is not by We are with you, and with Allah's will, we your power alone. Show gratitude to Allah by will overcome this! finding ways to assist your colleagues who are struggling with these courses. Don't run This is 200 Level. It's not too late yet. There away from them. are things you need to take note of if you want to succeed. They are: To crown it all, your success is not complete if you can't put a smile on the faces of those a) Avoid competition – don't try to be around you. Help others succeed within your better than anyone else, strive to be capacity, and true success will be achieved. If better than the person you were you're smiling while others are crying, then yesterday. Comparing yourself to you're being insensitive. If you're truly others will lead to disappointment. Page 4 of 275 Onimisi's Care ! brilliant, let's see the positive impact you can Best wishes from Onimisi's Care!" have on those around you. – Hadi Onimisi Tijani, To all those who supported me in one way or [email protected] another, I say, 'thank you.' +2348142489112 May Almighty Allah grant us our heart desires. LAW/17/LLB Page 5 of 275 Onimisi's Care !  LAW 2301 – NIGERIAN LEGAL SYSTEM I Course Coordinator: Dr Lubabatu Dankadai. Course Contents: 1. Introduction a) Characteristics/Features of Nigerian Legal System. b) Nature and Functions of Law. c) Classification of Law in Nigeria. 2. Sources of Nigerian Law a) Nigerian Statutes i) Forms of Nigerian Statutes ii) Interpretation of Statutes b) Received English Law i) Common Law ii) Equity iii) Statutes of General Application c) Judicial Precedent i) Stare Decisis ii) Ratio Decidendi iii) Obita Dictum iv) Law Reporting d) Customary Law i) Nature of Customary Law ii) Sources of Customary Law iii) Features of Customary Law iv) Proves and Validity of Customary Law v) Determination of its Validity Page 6 of 275 Onimisi's Care ! Lecture 1. – Dr Lubabatu Dankadai. INTRODUCTION TO NIGERIAN LEGAL SYSTEM. Nigerian Legal System is a course that comprises of the foundation, principles, and machinery through which all other aspects of law are applied. It teaches the basic aspects of law which include: Criminal Law, Commercial Law, Contract Law, Company Law, etc. Law of Contract, for example, cannot be applied without knowing how to validate its application in relation to the legal system practiced in Nigeria. So Nigerian Legal System is nothing other than a body of the basic principles, rules, and machineries of a particular system of the administration of justice in Nigeria. Legal System. Legal system is the totality of laws plus the machinery of its application within the system of a particular country. Legal system is not only applicable in Nigeria it also exists in other sovereign countries. Legal system can be of Nigeria, Ghana, Cameroon, etc. The word “legal system,” as used, generalizes the system of administration of justice used in other countries. Among the various legal systems that exist in the world, the focus of this course will be more on the Nigerian Legal System. This is because we are training ourselves to be a legal practitioner within the territorial jurisdiction of Nigeria. Nigerian Legal System also tends to cover the forms of law such as: Statutory, Customary and Islamic Law, distinguishing their various features as well as the applicability in relation to the changing circumstances of time, except for Islamic Law. This is because the provisions of the Islamic Law do not change with respect to time. Nigerian Legal System also teaches the sources of law by which other laws/statutes trace their validity from. Those sources of law are basically grouped into four: Nigerian statutes or local legislation, English law, judicial precedent, and customary law. However, those sources of law can have their validity traced to the grund norm (which is the Constitution of the Federal Republic of Page 7 of 275 Onimisi's Care ! Nigeria). Hence any other subsidiary legislation that conflicts with the Constitution cannot stand as a valid law. While looking at Nigerian Legal System as a machinery that functions in the administration of justice, it can be put to practice via the judiciary which includes the court and its personnel. The judiciary as well as other personnel responsible for the administration of justice in Nigeria work via a well-structured court system as established by section 6 of the Constitution of the Federal Republic of Nigeria. While the expressed provision of the Constitution provides for the Superior Courts of Record, the National Assembly is allowed to create other inferior and special court. Lecture 2. – Dr Lubabatu Dankadai. FEATURES AND CHARACTERISTICS OF NIGERIAN LEGAL SYSTEM. Nigerian Legal System has various features that distinguish it from other legal systems of international countries. Basically, the laws that are applicable in a particular system will differ from another independent sovereign, just the way the main sources of law, machineries and laws in Nigeria differs from those obtainable in Ghana, even though they are within the same continent and if possible administer the same systems of administration of justice. The two major system of administration of justice are adversarial/accusatorial and inquisitorial. While Nigeria, for instance, practices adversarial/accusatorial, the United States of America practices inquisitorial. In adversarial, the judges are expected to detach themselves from the proceedings. The accused is always presumed innocent until the prosecution proves its case beyond reasonable doubt1. In this kind of system, a judge is never expected to help either the prosecuting counsel or defence counsel 1 Constitution of the Federal Republic of Nigeria, 1999, s.36(5); Evidence Act, 2011, s.136(1); Bakare v State (1987) 1 NWLR 579. Page 8 of 275 Onimisi's Care ! in proving his case, he only relies on the fact presented before him and apply the necessary law to come to conclusion. In inquisitorial, the judge can partake in the proceedings, which means he can help any of the parties in proving their case before him. If it is in a criminal case, he can help the prosecutor to explain the conviction of the accused person. In David Uso v Commissioner of Police2, the Supreme Court held per T.O. Elias thus: Our procedure is accusatorial in the sense that the innocence of the accused is presumed until he is proved guilty by the prosecution. Under the inquisitorial system of trial, which obtains in most Continental Legal Systems, the judge plays a dynamic role in cross-examining litigants and witnesses and the accused’s guilt is presumed until he proves his innocence. Furthermore, in Ojo v Oseni & Anor3, the Court of Appeal per Nnaemeka-Agu held thus: …we operate an adversary system in the administration of justice. Under that system, the Judge is an impartial umpire and must never be seen to descend into the arena of the conflict or take sides between the parties in litigation. implicit in this system is the fact that in a civil case, the court must allow the parties to decide upon and follow their own procedure, call such evidence in support of their cases as they deem necessary, and have the absolute freedom of testing the veracity and credibility of their adversary’s witnesses under the fire of cross-examination, uninterrupted. This is the necessary inference from all the decided cases4. In Civil Law countries, they mostly practice the inquisitorial, while in Common Law (Anglo- Saxon) countries, like Nigeria, the adversarial is mostly practiced5. Back to the basic features of the Nigerian Legal System, they are: 1. Written and the Supremacy of the Constitution: We have a written constitution which is considered to be supreme in Nigeria. Before independence, the ultimate principle and grund norm was the Queen of the British parliament. It is only after 1960 when Nigeria 2 (1972) All NLR 825. 3 (1987) 4 NWLR (Pt. 66) 622. 4 See Fallon v Calvert (1960) 2 Q.B. 201 at p. 204; Enock v Zaretsky Bock & Co. (1910) 1 L.B. 327; Ordor v Nwosu (1980) 12 S.C. 103 at pp. 110-111; Omoregbe v Lawani (1980) 3-4 S.C. 108 at pp.120-122; Majoroh v Lassassi (1986) 5 NWLR 243 at pp. 252-254. 5 David Uso v Commissioner of Police (Supra). Page 9 of 275 Onimisi's Care !  gained her independence that she started having a written constitution which forms the basis of the entire system of administration in the system of this country. Examples are the 1960, the 1963, the 1979 and the 1999 Constitution of the Federal Republic of Nigeria. It is on the basis of the Constitution that the country is founded as well as the entire organs and tiers of the administration of government. The Supremacy of the Constitution is entrenched in section 1 (1 & 3) of the Constitution of the Federal Republic of Nigeria in the following words: (1) This constitution is supreme and its provision shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria. (3) If any other law is inconsistent with the provision of this constitution, this Constitution shall prevail, and that other law shall, to the extent of inconsistency, be void. In PDP v CPC & Ors6, the Supreme Court held per Walter Samuel Nkanu Onnoghen, thus: It is … settled law that the provisions of the Constitution of the Federal Republic of Nigeria are supreme and have binding force on all authorities and persons throughout the Federal Republic of Nigeria and that any other law which is inconsistent with its provisions is void to the extent of the inconsistency as the Constitutional provisions must prevail over such Act/law. The decisions of the courts in I.N.E.C. v Musa7; Advertising Practitioners Council of Nigeria v The Registered Trustees of International Covenant Ministerial Council & Ors8; Abdulkareem v Lagos State Government9, and plethora of other cases are relevant to this effect. The Constitution is the supreme law of the land and it is well as static with a very rigid procedure for amendment. Thus it is the law that made it supreme. 2. Duality of Laws or Adoption of English Laws and Legal Profession: Nigerian Legal System by its nature is more English. Majority of the legal rules and principle that exist in 6 (2011) JELR 48533 (SC). 7 (2003) JELR 57541 (SC). 8 (2010) JELR 49385 (CA). 9 (2016) JELR 57014 (CA). Page 10 of 275 Onimisi's Care !  this country are. by their nature, more of English legal principles. English laws were first received in 1863 by Ordinance No 3 of 1863, and since then, the Received English Law become a part and parcel of the Nigerian law. This Received English Law has three components: the principles of common law; the doctrine of equity, and the statutes of general application enacted before the 1st of January, 1900 (the English statutes that has a force of application in Nigeria are the ones enacted in the British Parliament before the cut- off date of 1st January, 1900). While other countries may choose not to accept all these components to be embedded in their legal system, Nigeria accepted the whole component of the Received English Law to become part and parcel of her legal system. The Received English Law became one of the most important sources of law and the second in terms of priority after the Nigerian statutes. The Received English Law is even superior to our own customary law. Other sources of law (including the Received English Law) are all questions of law, but customary law is a question of fact. When a statute is said to be question of law, it means that the court is presumed to be knowledgeable in that aspect of law. This implies that it does not need any proof before its application in the court of law. However, this is different in the case of customary law; though it is the law that emanates from our customs which develops as a result of our interaction, it is considered to be less in degree compared to the Received English Law; Customary law as a source of law is considered to be a question of fact before the court of law. When a law is considered to be a question of fact, the presumption of law is that it requires that particular law to be proven before a court of law. The court is not presumed to be knowledgeable in that particular area; as such the customary law is required to be proven before it can be acceptable. Some of the local statutes currently applied are all English in nature. Like the matrimonial principles relating to statutory marriages are all fashioned in English Law; same with law of contract, commercial law, agency, hire purchase, and so on. 3. Independence of the Judiciary: Since 1960, the Nigeria Judiciary has been recognized as distinct, separate, and independent from other arms of government. The main responsibility of the judiciary is to interpret the law. The fundamental issue as regarding the independence of the judiciary are: a. To have security of tenure; Page 11 of 275 Onimisi's Care !  b. To have administrative independence, and c. To have financial security. To some extent, it can be argued that the Nigerian judiciary does not enjoy absolute independence, rather they enjoy certain considerable major of independence. This is because the judiciary, as an institution, has been found to be connected to the government in some ways. Considering financial security, for instance, the financial allowances of all the judicial officers are being paid by the executive arm of government. As with the administrative independence, some top judicial officers are being nominated by the government both at the federal level as well as the state level. With this few illustration, it can be concluded that Nigerian judiciary does not enjoy absolute independence. 4. Hierarchical Court System: Nigerian Legal System has a well-structured court system. These hierarchical system of court come in a pyramid order, in the sense that, some are at the top and others at the middle and bottom. This arrangement is made so in terms of the superiority of the court down to the inferior courts. At the top of the pyramid, we have the Supreme Court of Nigeria (the apex and the final Court of resort) down to the intermediary Court of Appeal that entertains appeals from the middle courts (courts of coordinate jurisdiction, i.e., the High Court of the federal and state, the Sharia Court of Appeal, and the Customary Court of Appeal). For the category of inferior courts, we have the Magistrate Courts, the District Courts, the Area Courts, the Sharia Courts, as well as the Customary Courts. The Courts expressly provided by the constitution are known as the Superior Courts of Record. Each court has its own unique jurisdiction and matters to be entertained by it. In Suleman v C.O.P., Plateau State10, the Supreme Court per Akintan JSC held thus: In the hierarchy of the court system in Nigeria, decisions of the Supreme Court are binding on all other courts. Next in the hierarchy is the Court of Appeal. Decisions of that court are binding on all other courts. I can still go further. The next in the hierarchy is the High Court. Decisions of the High Courts are binding on all other courts, including Magistrate Courts, Area Courts, and Customary Courts. 10 (2008) 8 NWLR (Pt.1089) 298. Page 12 of 275 Onimisi's Care !  5. Strict Adherence to the Doctrine of Judicial Precedent: Nigerian Courts are required by the operation of doctrine of stare decisis to be bound by, observe, and abide by the principle of judicial precedent. By this principle, lower courts are bound to follow the decisions of the superior courts where the facts or issues in court of law are similar. The significant advantage of this doctrine is that it ensures certainty and predictability in the application of the law. For instance, if what a lower court has is similar to that of a higher court, the former is duty bond to follow the principle applied by the superior court previously. Here it shows that when I have an issue with Mr X, I can predict the outcome of that particular issue by looking at a similar issue previously resolved by a higher court11. 6. Uniform and Independent Legal Profession: Nigeria has uniform and independent legal profession that differentiates it from other legal profession. This profession is uniform in the sense that every lawyer has the right of audience before any court in any part of the country12. Legal profession in Nigeria is substantially independent of many political controls. This is because every legal practitioner is a minister in the temple of justice, and he is under the obligation to use his training and experience to protect the rule of law and the rights of the citizens13. 7. Codification of Criminal Law: Nothing, no matter how barbaric, can be considered a crime in the system of this country if same is not codified – it has to be passed by the parliament before such can be called a crime. No act or omission can be an offence until and unless it has been created by a law, and the punishment for the offence has also been attached to it under a written law14. The written one applicable in the Southern part of Nigeria is the Criminal Code Act, while the one applicable in the Northern part of the country is the Penal Code Act. These written criminal laws are enacted by the legislatures which come in form of documents. Codification in relation to criminal rules and principles is normally to create certainty as to the kind of action or omission that could amount to an offence. 11 The decision of the Supreme Court in Suleman v C.O.P., Plateau State (Supra) is also relevant to this effect. 12 Legal Practitioners’ Act, s.22(d); The Registered Trustees of ECWA Church v Ijesha (1999) 13 NWLR (Pt. 635) 368. 13 Rules of Professional Conducts for Legal Practitioners, 2007, R.1. 14 Constitution of the Federal Republic of Nigeria, 1999, s.36(8); Aoko v Fagbemi (1961) 1 All NLR 400. Page 13 of 275 Onimisi's Care !  8. Adherence to the Principle of Natural Justice: The principle of natural justice is considered to be the bedrock of any adjudication. While there are other principles of natural justice, audi alteram partem and nemo judex in causa sua are the two basic principles of the natural justice15. No adjudication will stand in this country without adhering to these two basic principles. a. Audi alteram partem: Every person has the right to be heard – once parties have a case before the court of law, those parties must be heard in respect to what they have to say. This principle rules that no one should be condemned without hearing that person out. It is one of the fundamental human rights provided in section 36 of the 1999 Constitution of the Federal Republic of Nigeria, and if this principle is breached, that particular proceeding goes against the constitutional provision hence, it will be null and void to the extent of its inconsistency. The Supreme Court of Nigeria has held per Nnamani in Aiyetan v the Nigerian Institute of Oil Palm Research16 that “the audi alterem partem rule … is that every man ought to have an opportunity of being heard before he is condemned.” b. Nemo judex in causa sua: No person should be a judge in his own case – if you have an interest in a case, you cannot adjudicate over such matter. This means that one of the judicial presiding officers cannot indicate an interest in a particular case. This rule is also known as the rule against bias. In Yesufu Garba & Ors v the University of Maiduguri17, because a Chair of the disciplinary board that decided the expulsion of the appellants was a victim of what the appellants were being accused of, the decision was nullified by the court. 9. Contentious Trial Process: Both in civil and criminal context, the trial processes are always contentious. It is contentious in the sense that it is cooperated and decided. Every lawyer is allowed to defend his own case. The judge sits as an independent body to the parties who gives conclusion as well as decisions through the facts established by the lawyers. For instance, in criminal matters, the accused is presumed innocent until he has 15 Yesufu Garba v the University of Maiduguri (1986) All NLR 149. 16 (1987) NWLR (Pt.59) 48. In Yesufu Garba v the University of Maiduguri (Supra), the Supreme Court held per Obaseki JSC thus: “The audi alterem partem rule stipulates that each party must be given an opportunity of stating his case and answering if he can any arguments put forward against it…” 17 Supra. Page 14 of 275 Onimisi's Care !  been proven guilty and the burden of proof is always on the accuser to prove his case beyond reasonable doubts18. 10. Protection of Fundamental Human Right: From 1960, the successive Constitutions of this country up till the 1999 Constitution guarantee the Fundamental Human Rights. These Fundamental Human Rights are provided for in Chapter IV (sections 33 to 44) of the 1999 Constitution of the Federal Republic of Nigeria. 11. Multiplicity of Laws: Nigeria has a lot of laws that are being applied concurrently in the system of the country. Among these laws include: indigenous customary law; local legislative enactments; the received English law, etc. Multiplicity of laws is also compounded by the issue of federal political structure; there are subsistent laws in operation right from the federal, state, down to the local government level. In fact, as a legal practitioner it is even possible for you not to know that some laws exist in this country. Due to the political structure of the relative organs, they are empowered constitutionally to make laws within their own territory and this brings about multiplicity of laws in Nigeria. 12. Continuous Growth: Nigerian law is made up of local customs, received English law, and local statutes; they exist harmoniously, and they regulate individuals, institutions, and organizations. These sources of law that regulate relationships are continuously growing since Independence up till this present time. These laws keep on growing in the sense that a lot of recent developments and alterations have been made on those laws. Lecture 3. – Dr Lubabatu Dankadai. DEFINITION, FEATURES, AND FUNCTIONS OF LAW.  Definition of Law. Law is a concept that is not subjected to a single definition, because up till now there is no universally accepted definition of law. The various definitions of law given depends on the 18 Constitution of the Federal Republic of Nigeria, 1999, s.36(5); Evidence Act, 2011, s.136(1); Bakare v State (1987) 1 NWLR 579. Page 15 of 275 Onimisi's Care ! perspective of the giver of that definition; the way you perceive the concept of law is different to the way your colleague or one of your relatives may look at it. This is because we have several kinds of law that exist in our society. What we are more concerned with (or the most important issue) is to know the technical meaning of the word law. Because, during your training, you are going to learn particular rules and regulations that govern human behaviours in respect of various aspects of law. When we have people that settle within a particular given society and it comes to regulating relationship between them as well as maintaining peace and order, there have to be rules and principles that regulate their conducts; otherwise, they’re bound to have chaos. That is why for each and every particular given settlement, community, society and system, be it primitive or otherwise, if you want to maintain peace and order in that community, there must be laws, otherwise there will never be peace. In a nutshell, we are going to look at the technical definitions of law; this is because we are more concerned with the particular body of rules or principles that regulate conducts. Generic, Philosophical, and Technical Sense of the Word ‘Law.’ 1. Law from its Generic Sense. Here, we may try to define law or to describe it in a way things happen in a particular situation, and the clear examples of this definition is looking at the laws of nature, science, social sciences, and the rules of demand and supply. The key point here is that man has no hand in the way these laws are being made as well as published. For example, in the laws of nature, laws of science, laws of demand and supply, no human being can claim that he/she is the one that promulgated those laws. No man knows the ways those laws are made or the ways they operate. In the law of gravity (natural law) for instance, if you throw a stone up, it will never stand – that stone will fall down – and that is how it is, naturally; no one can claim to have made this law. Also the case of demand and supply, whenever the price is lower the demand is greater, it is a law of nature. Law in its generic sense are rules and principle that exist in our midst, it is not relevant, that is, it is less important when it comes to regulating human conducts. Because these particular rules and Page 16 of 275 Onimisi's Care ! principles are not normative in nature, they are not coercive to sanction people whenever there is a breach of that particular rule. It is only when you have a set of rules that are normative in character that, by nature, they become coercive. 2. Law from its Philosophical/Jurisprudential Sense. Categorically, we have other ways of defining law; various authors and jurists have looked at the word law and offered definitions for it. This sense of the word law is the philosophical or jurisprudential definition of law. Below are some of the definitions given by some schools of jurisprudence: Naturalists believe that law is derived from inherent moral principles and values that exist in nature. According to naturalists, the law should reflect these universal principles, which are discoverable through reason and ethics. They view law as an expression of higher moral truths, and believe that just laws must conform to these natural principles. Positivists argue that the law is a product of human creation and social agreement. According to positivism, law is not based on morality or natural principles but on the formal enactment of rules by a recognized authority, such as legislation or legal institutions. Positivists focus on the observable aspects of law, emphasizing its rules and procedures rather than its moral content. Realists emphasize the practical application and effects of law, rather than abstract theories or principles. They believe that law is not simply a set of rules but is shaped by the social, economic, and political factors of a given society. Realists argue that judges, in particular, play a significant role in shaping the law through their interpretations and decisions. Historical school scholars focus on the historical development of legal systems and the evolution of legal principles over time. They analyse how legal concepts and institutions have developed through historical processes and how they have shaped the present legal framework. The historical school emphasizes the importance of tradition and precedent in understanding and interpreting the law. Socialists approach law from the perspective of social and economic equality. They believe that law should serve as a tool for achieving a more equitable distribution of wealth and power in Page 17 of 275 Onimisi's Care ! society. Socialists advocate for laws that protect workers' rights, ensure social welfare, and promote economic justice. They view law as a means to challenge and transform existing social and economic structures. 3. Law from its Technical Sense. Technically, the word “law” means the rules of conduct made by man himself to regulate social relationships or interactions between them and accepted by man to be binding. Law, technically, is made by human beings. The sources of law that regulate human conducts come from human beings themselves. Those sets of rules may be developed through human activities, relationships, and interactions. a. With regards to the formal arrangement, we can define law to be rules formally accepted and backed up by sanctions; b. Law can also be defined as a system of rules which a particular country/community/society uses to regulate the actions and inactions of members of that country/community/society in the system of that country/community/society, and which may be enforced by the imposition of sanctions and penalties; c. Another way of defining law is that it is a body or system of rules created and enforced through social or governmental institutions to regulate the behaviours of citizens in a given community or system; d. Sometimes, law is also described as a science or art of justice, and e. It can also be defined as a rule of conduct developed by government or society over a certain territory. To crown it all, law generally honours certain practices and customs in other to deal with crimes, business, social relationship, property, finance, etc. What we should understand is that law is controlled and imposed by a controlling authority.  Features of Law. There are various features of law, some of them include: law is a rule of conduct; law is normative in nature; law must be a body of rules of conduct; it must be made and accepted by man to be applied to man himself; it must have coercive elements and ingredients that will compel its Page 18 of 275 Onimisi's Care ! application and enforcement; it has sanctions imposed for its violation; it is enforced by law- enforcement institutions, like the government, the agencies (like the police, the EFCC, the AG, the ICPC, the NDLEA, etc.), and the court, etc.  Functions of Law. Law performs several functions in the society, but mainly it performs five functions: i. Maintaining peace, order, and stability in the society; ii. A tool that creates, constitutes, and regulates the principal organs of the government; iii. A tool that promotes efficiency, accountability, and transparency in the private and public sectors in the society; iv. A tool that protects the basic fundamental human rights of the citizens; v. A tool that communicates and reinforce family relationships by providing and protecting the rights of the spouses as well as question of the sanctity of marriage. Lecture 4. – Dr Lubabatu Dankadai. CLASSIFICATIONS OF LAW IN NIGERIA The classifications of law are the different categories in which all areas of law can be collated. A particular classification of law encompasses all types of law but it distributes them according to a particular unique characteristic. It is important for a particular country to classify laws into various types and classifications so as to know and apply the appropriate aspect of law to govern, regulate and maintain peace and order in that society. Law of contract, for example, cannot be applied when a person makes a commission or an omission that has been prohibited by a written law in a particular system. Same thing with Law of Tort as it cannot be applied to govern the rights and obligations of spouses in any kind of marriage. With these examples, we can see that it is very important for people in a particular society to know the classifications of law so that they can apply it appropriately with respect to Page 19 of 275 Onimisi's Care ! that aspect of law. With the proper application of these classifications of law, the people can essentially maintain peace and stability in the society. The various classifications of law include: 1. International and Municipal Law. a. International Law International law refers to the body of legal rules and principles that govern the relationships between sovereign states and other international actors, such as international organizations and individuals. It encompasses treaties, customary law, and general principles recognized by nations. International law regulates various areas, including diplomacy, trade, human rights, and armed conflict. Basically, international law is classified into two: public international law, and private international law. Public international law, also known as the law of nations or international law, governs the relationships between sovereign states and other international entities. It is concerned with the rights, obligations, and responsibilities of states in their interactions with one another. Public international law encompasses a wide range of topics, including diplomacy, treaties, statehood, human rights, international organizations, armed conflict, and the law of the sea. Public international law is primarily derived from international agreements, such as treaties and conventions, as well as customary international law, which consists of widespread state practice and acceptance as law. It establishes principles and rules that guide state conduct, promote cooperation, and resolve disputes among states. Public international law is binding on states and sets standards for their behaviour in the international community. Private international law, also known as conflict of laws, is concerned with the resolution of legal disputes that involve a foreign or international element. It addresses conflicts that arise when individuals or entities from different jurisdictions are involved in a legal dispute and determines which laws and jurisdiction should apply to resolve the matter. Page 20 of 275 Onimisi's Care ! Private international law deals with issues such as jurisdiction (which court has the authority to hear a case), choice of law (which law applies to resolve the dispute), recognition and enforcement of foreign judgments, and the coordination of legal systems across borders. It provides rules and principles to determine the applicable law and jurisdiction in cases involving cross-border transactions, international contracts, family law matters, and other private legal issues. Private international law aims to promote predictability, legal certainty, and fairness in cross- border legal relations. It helps parties involved in international transactions understand their rights and obligations and provides mechanisms for resolving conflicts that arise when different legal systems intersect. Examples of International law include: The Universal Declaration of Human Rights, and the African Charter on Human and People’s Rights. It should be noted that by the provision of section 12 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), international treaties cannot have the force of law in Nigeria except they are enacted by the Nigerian National Assembly: “No treaty between the Federation and any other country shall have the force of law to the extent to which any such treaty has been enacted into law by the National Assembly.”19 b. Municipal Law Municipal law, also known as domestic or national law, is the legal system that applies within a particular country or jurisdiction. It consists of statutes, regulations, judicial decisions, and other legal instruments that govern the conduct of individuals, organizations, and governments within that jurisdiction. Municipal law can differ significantly between countries, as it reflects the specific legal traditions, constitutional frameworks, and legislative processes of each nation. Nigerian constitution for example is a municipal law which is applicable within the territorial limit of Nigeria20. 19 See Ibidapo v Lufthansa Airlines (1997) 4 NWLR (Pt. 498) 124; Abacha & Ors v Fawehinmi (2000) 6 NWLR (Pt. 660) 228. 20 Constitution of the Federal Republic of Nigeria, 1999, s.1(1). Page 21 of 275 Onimisi's Care !  2. Public and Private Law a. Public Law Public law deals with the relationships between individuals and the state or government. It establishes the legal framework for the exercise of governmental power and the rights and obligations of citizens. Public law includes constitutional law, administrative law, and criminal law. It governs matters such as the organization and powers of the government, the protection of individual rights, and the regulation of public institutions. Constitutional law is a branch of public law that focuses on the study, interpretation, and application of a country's constitution. It deals with the fundamental principles, structures, and powers of the government, as well as the rights and freedoms of individuals. Constitutional law defines the relationship between the government and its citizens, establishes the framework of government institutions, and sets limits on governmental authority. It encompasses topics such as separation of powers, checks and balances, judicial review, fundamental rights, and constitutional amendments. Administrative law is another branch of public law that regulates the actions and decision-making processes of administrative agencies and government bodies. It governs the exercise of administrative power, ensuring that government actions are lawful, fair, and transparent. Administrative law involves the study of administrative procedures, rulemaking, administrative tribunals, judicial review of administrative decisions, and the rights and remedies available to individuals affected by administrative actions. It aims to protect individuals' rights and hold government agencies accountable for their actions. Criminal law is a branch of public law that deals with offenses against society as a whole. It defines criminal acts and establishes the legal framework for the investigation, prosecution, and punishment of individuals who commit crimes. Criminal law sets out the elements of various crimes, such as murder, theft, assault, and fraud, and specifies the penalties for each offense. It also outlines procedural safeguards, such as the presumption of innocence21, the right to a fair 21 Ibid., s.36(5); Evidence Act, 2011, s.136(1); Bakare v State (supra). Page 22 of 275 Onimisi's Care ! trial22, and the rules of evidence, to ensure that individuals accused of crimes are afforded due process and fair treatment. b. Private Law Private law governs the relationships between individuals or private entities. It regulates the rights and obligations of individuals in their interactions with one another, such as contracts, property, family law, and torts. Private law provides the legal framework for resolving disputes between private parties and seeks to protect individual rights and enforce private agreements. 3. Criminal Law and Civil Law a. Criminal Law Criminal law deals with offences committed against society as a whole. It establishes the rules and procedures for prosecuting and punishing individuals who have violated criminal statutes. Criminal law involves crimes such as murder, theft, assault, and fraud. The primary purpose of criminal law is to maintain public order, deter criminal behaviour, and provide punishment or rehabilitation for offenders. Distinguishing criminal law from civil law, in criminal cases, both the state and individuals are parties involved. It is the responsibility of the state to prove the commission of a crime, and the burden of proof rests on the prosecution23. The prosecution must establish the guilt of the accused beyond a reasonable doubt, which is a higher standard compared to the balance of probabilities used in civil cases24. In criminal law, the burden of proof generally remains on the prosecution throughout the trial, except in certain exceptional circumstances. The classification of crimes in the southern part of the country differs from that of the northern part. In the southern region, crimes are categorized into three types: felony, misdemeanour, and simple offenses. On the other hand, in the northern region, crimes are classified as either indictable or non-indictable offenses. These classifications are based on the penal laws and determine the corresponding punishments for each offense. 22 Ibid., s.36(4). 23 Ibid., s.36(5); Evidence Act, 2011, s.136(1); Bakare v State (supra). 24 Ibid. Page 23 of 275 Onimisi's Care ! By virtue of section 3 of the Criminal Code, felony is defined as an offence that is punishable by death or imprisonment for three years or more. Misdemeanour offences, on the other hand, carry a punishment of not less than six months but less than three years of imprisonment. Simple offences encompass all other offences that do not fall under the categories of felony or misdemeanour. Typically, simple offences are punishable by a fine, caution, and rarely, imprisonment for a period not exceeding six months. Indictable offences and non-indictable offences are categories used in the Northern part of the country to distinguish the seriousness and procedure of criminal offences. Indictable offences are typically more serious criminal offences that carry heavier penalties. These offences are usually heard in higher courts and require a formal indictment, which is a written accusation presented by a prosecutor. Indictable offences often involve crimes such as murder, robbery, sexual assault, and drug trafficking. In the case of indictable offences, a formal trial process is followed, including the presentation of evidence, and the examination of witnesses. The accused is entitled to procedural safeguards, such as the right to legal representation and a fair trial. Non-indictable offences, also known as summary offenses or minor offenses, are generally less serious offences that carry lighter penalties. These offences are typically heard in lower courts or specialized tribunals and do not require a formal indictment. Examples of non-indictable offences include minor theft, public intoxication, disorderly conduct, and traffic violations. Non-indictable offences are often resolved through simplified court procedures, such as plea bargaining or summary trials. The legal process for non-indictable offences is generally faster and less formal compared to indictable offences. b. Civil Law Civil law governs the relationships and disputes between private individuals or entities. It focuses on resolving conflicts and providing remedies for harm suffered by individuals. Civil law covers areas such as contracts, torts, property disputes, family law, and personal injury cases. The Page 24 of 275 Onimisi's Care ! objective of civil law is to restore the injured party to their previous position or provide compensation for the harm caused. Here is a list of key differences between criminal law and civil law: 1) Purpose: - Criminal Law: Criminal law focuses on maintaining public order, protecting society, and punishing individuals who have committed crimes. - Civil Law: Civil law aims to resolve disputes between individuals or entities and seeks to provide remedies or compensation to the affected parties. 2) Parties Involved: - Criminal Law: In criminal law, the parties involved are the state (prosecution) and the accused (defendant). - Civil Law: In civil law, the parties involved are typically private individuals, organizations, or entities who are in a dispute with one another (plaintiff and defendant). 3) Burden of Proof: - Criminal Law: In criminal law, the burden of proof rests on the prosecution, who must prove the guilt of the accused beyond a reasonable doubt. - Civil Law: In civil law, the burden of proof typically rests on the plaintiff, who must establish his case by a preponderance of the evidence (balance of probabilities). 4) Nature of Offence: - Criminal Law: Criminal law deals with offenses against society as a whole and involves acts that are considered harmful or threatening to public welfare or safety. - Civil Law: Civil law deals with disputes between individuals or entities, typically involving issues such as contracts, property, torts, or family matters. Page 25 of 275 Onimisi's Care !  5) Legal Consequences: - Criminal Law: Convictions in criminal law can lead to punishments such as imprisonment, fines, probation, or community service. The aim is to punish and deter criminal behaviour. - Civil Law: Resolutions in civil law generally result in remedies or compensation, such as monetary damages, injunctions, specific performance, or declaratory judgments, aiming to restore the injured party or compensate for losses. 6) Standard of Proof: - Criminal Law: The standard of proof in criminal law is "beyond a reasonable doubt," meaning that the evidence must be sufficient to leave no reasonable doubt about the accused's guilt. - Civil Law: The standard of proof in civil law is generally the "balance of probabilities," requiring the evidence to establish that it is more likely than not that the defendant's actions caused harm or violated a legal obligation. 7) Legal Proceedings: - Criminal Law: Criminal proceedings involve the state initiating the case, investigating the alleged crime, and prosecuting the accused. The process includes arrest, trial, and potential appeal. - Civil Law: Civil proceedings are initiated by the affected party (plaintiff), who files a complaint, and the defendant responds. The process includes discovery, negotiation, trial, and potential appeal. 4. Substantive and Procedural Law (Adjectival law) a. Substantive Law Substantive law refers to the body of law that defines rights, obligations, and duties of individuals or entities. It sets out the rules and principles that govern various legal relationships, such as criminal law, contract law, property law, and tort law. In a simple term, it is the main body of the law dealing with a particular area of law. Examples of substantive law include: Penal Code, Page 26 of 275 Onimisi's Care ! Criminal Code, Companies and Allied Matters Act, Sales of Goods Act, Federal Competition and Consumer Protection Act, etc. b. Procedural law Procedural law establishes the rules and processes for enforcing substantive law. It outlines the steps involved in legal proceedings, including how cases are filed, how evidence is presented, and how judgments are enforced. Procedural law ensures fairness, consistency, and efficiency in the administration of justice. Examples include: Evidence Act, Criminal Procedure Act, Civil Procedure Rules, Fundamental Rights Enforcement Rules, etc. 5. Written and Unwritten Law a. Written Law Written law, also known as statutory law, refers to laws that have been formally codified and enacted by legislative bodies. These laws are written down in statutes, codes, regulations, or constitutions. They are explicit and can be easily referenced and studied. A law would not be regarded as written just because it is written down in a document, it can only be regarded as a written law when it is enacted by the country’s law making body. b. Unwritten Law Unwritten law refers to legal principles and rules that have developed over time through court decisions and legal precedents or customs. Unwritten law relies on the principle of stare decisis, which means that judges are bound to follow prior decisions in similar cases or based on the principles of customs. It is based on custom, tradition, and judicial interpretation. This is the type of law that is neither enacted nor promulgated. 6. Common and Civil Law a. Common Law Common law is a legal system derived from English law, which forms the basis of the legal systems in many countries, including the United States, England and also Nigeria. It relies on judicial precedent, case law, and the principles developed through court decisions over time. Page 27 of 275 Onimisi's Care ! Common law focuses on the interpretation of statutes and the application of legal principles to specific cases. b. Civil Law Civil law, also known as continental law, is a legal system derived from Roman law. It is characterized by codified laws and a comprehensive civil code that sets out the principles and rules governing various legal areas. Civil law relies more on written laws and legislative statutes than on case law. It places greater emphasis on legal codes and legal principles derived from those codes. 7. Customary and Non-Customary Law a. Customary Law Customary law is a legal system that encompasses indigenous customary practices of a particular community. It is formed through the acceptance and recognition of a body of rules by the people within that community, governing their conduct and relationships in specific aspects. Customary law often arises from long-standing traditions and cultural norms. It is important to note that customary law is considered with less formality compared to statutory law, and its application is contingent upon factual considerations. In order for customary law to be applied, it typically undergoes a validity test that examines its compliance with certain criteria25. These validity tests include: 1. Consistency with Natural Justice and Good Conscience: Customary law should not be repugnant to principles of fairness, equity, and moral values. It should uphold fundamental notions of justice and promote societal harmony. 2. Compatibility with Written Law: Customary law must not be in conflict with any existing written laws enacted by the legislative body of the jurisdiction. If a conflict arises, the written law generally takes precedence. 25 Eshugbayi Eleko v Government of Nigeria (1931) AC 662 at 673; Dappa v Dappa (2022) JELR 110391 (CA); Agbai & Ors v Okogbue (1991) 7 NWLR (Pt. 204) 391; Chiroma v Chiroma & Ors (2021) JELR 109429 Page 28 of 275 Onimisi's Care !  3. Compliance with Public Policy: Customary law should not contravene public policy, which includes principles and standards deemed essential for the well-being of society as a whole. It must align with public interests and the common good. It is worth noting that in some legal systems, such as in Nigeria, Islamic law is recognized as another segment of customary law known as non-ethnic customary law. Islamic law, also referred to as Sharia law, is derived from religious principles and is considered divine in nature. Customary law, including non-ethnic and ethnic customary law, plays a significant role in the legal systems of many countries, particularly in matters related to family law, inheritance, land rights, and dispute resolution within specific cultural or religious communities. b. Non-Customary Law This is a very wide expression in the sense that it covers almost all the remaining sources of law obtainable in Nigeria. It covers areas like statutes or local legislation, received English Law, case law or judicial precedent, etc. Lecture 5. – Dr Lubabatu Dankadai. SOURCES OF NIGERIAN LAW The term "sources of law" refers to the origins or authorities from which legal rules and principles are derived. These sources provide the basis for the creation, interpretation, and application of laws within a particular legal system or jurisdiction. They serve as the foundation upon which legal rights, obligations, and remedies are established. In essence, sources of law are the recognized channels through which legal norms and regulations are established and made enforceable. They provide the legal framework that governs the conduct of individuals, organizations, and institutions within a society. Understanding the sources of law is crucial for legal practitioners, scholars, and individuals seeking to navigate the legal system, as they determine the hierarchy, validity, and persuasive authority of legal rules. Page 29 of 275 Onimisi's Care ! Different legal systems and jurisdictions may recognize different sources of law, depending on their historical, cultural, and constitutional context. Common sources of law include legislation (statutory law), judicial decisions (case law), legal customs and traditions (customary law), and constitutional documents. The identification and application of the sources of law contribute to the consistency, predictability, and fairness of the legal system. In Nigeria, the sources of law can either be primary or secondary. The primary sources of law can be classified into four categories, as held by the Court of Appeal in Emesim v Nwachukwu & Ors26. These sources are as follows:  Nigerian legislation/statutes;  Received English Law;  Case law/judicial precedent, and  Customary Law The list of the secondary sources of law is inexhaustible, some are: decisions of the foreign court, international conventions and treaties (unless they have been domesticated by the parliament), resolutions of international bodies, opinions of jurist, opinions of legal writers, etc., and while the primary sources are of binding authority, the secondary sources are of persuasive authority on a Nigerian court. The secondary sources of law are only resorted to where there is a lacuna in the primary sources (i.e., where there is no primary source on that particular question of law). This is as observed in the case of Chigbu v Tonimas Nig Ltd27 where the court observed that secondary sources of law are only resorted to in an instance there is no primary source in that particular area of law. In the exigencies of time, only the four primary sources of law will be examined, thus:  Nigerian Legislation/Statutes Nigerian Legislation, as the term suggests, encompasses laws enacted by legally recognized legislative authorities in Nigeria. It holds paramount importance as the primary source of Nigerian law, serving as the cornerstone upon which the entire legal system of the country is built. 26 (1999) 6 NWLR (Pt. 605) 27 (2006) NWLR (PT.984) 189 Page 30 of 275 Onimisi's Care ! Constitutionally, Nigerian Legislation comprises laws or enactments pertaining to matters listed under the Exclusive Legislative List, Concurrent Legislative List, and Residual Legislative List. Any enactment or promulgation relating to items specified within these lists is categorized as Nigerian statutes or legislations.  Received English Law As a former British colony, English Law has become an integral part of the Nigerian legal system. It holds significant importance as one of the primary sources of law in Nigeria. The local legislation enacted in Nigeria retained and preserved certain aspects of English Law to be applicable within the country. This preserved portion of English Law, which forms part of the sources of Nigerian Law, is commonly referred to as Received English Law. The enabling provision for the retention of English Law is found in Ordinance No. 3 of 1863, which marks the first section of Nigerian statute that incorporates English Law into Nigerian Law. The components of Received English Law in Nigeria include the following: i. Common Law ii. Doctrines of Equity iii. Statutes of General Application enforced in England as of January 1, 1900 This means that Common Law and Doctrines of Equity are applicable without reservations. However, when it comes to statutes, not all English statutes made in the United Kingdom are applicable in the Nigerian Legal System. Only statutes made before January 1, 1900 fall within the scope of general application. Statutes enacted after this date are not considered statutes of general application. Examples of English statutes currently applied in Nigeria include the Sales of Goods Act and the Statute of Frauds. Additionally, there are other local statutes that have retained English Law, including the Supreme Court Ordinance 4 of 1876, the Supreme Court Ordinance 6 of 1900, the Court of Appeal Act, various High Court Laws, and the Interpretation Act. It is important to note that some statutes of general application are still in use in Nigeria through re-enactments. Prior to 1960, laws for Nigeria were made by the British parliament, but after Page 31 of 275 Onimisi's Care ! Nigeria gained sovereignty in 1960, the British parliament ceased to make laws for the country. English laws that are currently applicable in Nigeria are not directly extended from England but have separate origins. The existence and application of English laws in Nigeria after 1960 differ from those before 1960. The former category of English law is applied through extension, while the latter category is applied through reception.  Case Law/Judicial Precedents In summary, case law or judicial precedents refer to laws that are developed by courts and gain binding authority through the operation of the principle of "stare decisis." This principle establishes that a court's decision based on the material facts presented before it must be followed by lower courts under its jurisdiction. A lower court can only adhere to the judgment of a higher court if that judgment has not been overruled. Overruling can occur either through a decision from a higher court or by the court itself. The doctrine of stare decisis ensures that the decision of a higher court binds all lower courts, and unless that judgment is changed by statute or overruled, it remains binding in relation to the specific material facts. There are two key issues that constitute judicial precedent in a judgment: i. Ratio Decidendi: This refers to the legal reasoning or principle of law that is considered binding precedent. ii. Obiter Dictum: This pertains to statements made by the court in passing that are not binding precedent but provide additional commentary or observations. Another essential aspect of case law is that it requires a well-structured system of courts to operate effectively. Without a properly established court system, case law as a precedent cannot be applied. In Nigeria, the legal system has a well-structured modern court system, established under Section 6(5) of the 1999 Constitution of the Federal Republic of Nigeria. This system includes superior courts, inferior courts, and special courts. It follows a hierarchical structure, resembling a pyramid, where decisions from superior courts of record hold binding authority over inferior courts. Page 32 of 275 Onimisi's Care !   Customary Law Customary law serves as one of the fundamental sources of law, encompassing the legal practices of the indigenous people of the country prior to colonialism. However, its application has undergone changes since the arrival of colonialists. In pre-colonial times, customary laws were used to settle both criminal and civil disputes among the populace. However, in the post-colonial era, customary practices became applicable primarily in civil circumstances. Customary law in Nigeria is categorized into two distinct forms: i. Ethnic Customary Law: This type of customary law reflects the indigenous customs and practices of specific communities. It is characterized by its flexible nature and is typically unwritten, distinguishing it from the other category of customary law. ii. Islamic Customary Law: Islamic customary law is rooted in religious principles, specifically the Qur'an and the Hadith. It is considered divine in nature and possesses written sources. Islamic law tends to be rigid and remains unchanged irrespective of the interests of the people or the nation. It is regarded as a universal law applicable to all areas governed by Islamic religion across the world. Under statutory enactments, specifically Section 2 of the Old Native Court Law of the Northern Region, both categories of customary law are consolidated and collectively recognized as customary law in Nigeria. However, they are subject to certain statutory requirements and tests for their application as law in the country. These statutory requirements and tests can be classified into two types: i. Statutory Provisions for the Requirement of Customary Law: Customary law must satisfy specific requirements and be proven before a court of law to be applicable. However, there are exceptions where customary law can be applied without formal requirements when it is judicially noticed. ii. Validity Test: Customary law must meet certain criteria of validity to be applied. These criteria serve as a test to determine the legitimacy and effectiveness of customary law in Nigeria's legal system. Page 33 of 275 Onimisi's Care ! Each of the primary sources of Nigerian laws will be examined in a further detail one after the other as separate topics. Lecture 6. – Dr Lubabatu Dankadai. NIGERIAN LEGISLATION Legislation refers to the process of enacting laws. It encompasses any rule or principle that is officially established by authorized bodies with the power to create laws in Nigeria. Essentially, Nigerian legislation is the result of a deliberate and formal expression of regulations created by the relevant law-making authority. Nigerian legislation consists of statutes, as well as delegated legislation, which includes subsidiary or subordinate laws. Nigerian Legislation comprises several types of legal instruments, including Ordinances, Acts, Decrees, Edicts, and Laws.  Ordinances/Proclamations pertain to the laws enacted during the period of colonial rule in Nigeria until October 1, 1960. These laws were established while the country was under colonial governance, prior to gaining independence in 1960. They were preserved and continued to be recognized as existing laws by subsequent legislatures at both the federal and regional levels of government.  Acts of the National Assembly are the laws enacted by the appropriate federal legislative body, known as the National Assembly of the Federal Republic of Nigeria, during periods of democratic governance.  Decrees are proclamations issued by the relevant law-making body at the national level during military or revolutionary regimes.  Laws are the proclamations made by the appropriate legislative council at the state level, known as the State Houses of Assembly.  Edicts are the proclamations issued by the relevant legislative body at the regional and state levels during military rule. Page 34 of 275 Onimisi's Care ! By its nomenclature, an Act is generally understood to be a set of rules established by the appropriate federal legislature, whether during periods of democratic or military governance. This is because certain Acts, upon closer examination of their content, may reveal that they were originally decrees enacted during military rule. Nigerian laws permit the adoption of decrees from military regimes as either Acts or Laws. This can only be determined by examining the detailed content of the specific Act. Important points to note:  Different federal enactments are made during both democratic and military rule. These laws are referred to as Acts and Decrees, respectively. The same distinction applies to state enactments, known as Laws and Edicts.  Categorically, there are only five types of laws that exist and are applied as Nigerian legislation/statutes.  The determination of whether a specific law was enacted as a Decree during a military regime or as an Act of the National Assembly, as well as distinguishing between Laws and Edicts, can only be ascertained by examining the specific law in question. The Importance of Nigerian Legislation as a Source of Law Legislation, which refers to laws enacted by the legislature, holds immense importance as it serves as the fundamental and authoritative source of law. By virtue of section 4(1 & 2) of the 1999 Constitution of the Federal Republic of Nigeria, any legislation properly passed by the National Assembly applies nationwide and must be followed by all citizens. Similarly, legislations duly passed by State Houses of Assembly are applicable only within the geographical boundaries of their respective states, by section 4(6) of the Constitution of the Federal Republic of Nigeria. Nigerian legislation is rightly considered the most significant primary source of law for the following reasons: 1. Nigerian Legislation provides validity, recognition, and effectiveness to all other sources of law. For example, Nigerian legislation incorporated English law and the doctrine of judicial precedent (case law) into the country, integrating them into the Nigerian legal system. It is also Nigerian legislation that acknowledges and establishes standards for the Page 35 of 275 Onimisi's Care !  adoption and application of local customary rules and principles in the administration of justice in Nigeria. 2. Nigerian legislation has the power to completely abolish, alter, or limit the content and applicability of any other rule of law in the country. 3. Nigerian legislation has the broadest scope of applicability. For instance, all Acts of the National Assembly are applicable to all individuals and institutions throughout the country, and they are enforceable nationwide. Laws passed by state Houses of Assembly are similarly applicable and enforceable within their respective states. In contrast, other sources of law have narrower scopes and limited applicability. In summary, Nigerian legislation plays a crucial role as the primary and authoritative source of law. It not only establishes the validity and effectiveness of other legal sources but also holds the power to modify or abolish existing laws. Furthermore, Nigerian legislation has a wide-reaching scope, applicable to all individuals and institutions, ensuring uniformity throughout the country. Difference between Ordinance and Received English Law The distinction between Ordinance and Received English Law lies in their origins and legislative processes. An Ordinance is a code-like document that results from promulgation by a legally recognized legislative body. In the current context, this legislative body is established by Section 4 of the 1999 Constitution of the Federal Republic of Nigeria. The legislative body comprises the National Assembly and the State Houses of Assembly. The National Assembly consists of the Senate and the House of Representatives, constituting a bicameral legislature28, while the State Houses of Assembly have a single chamber29. Before the adoption of the 1999 Constitution, Nigeria operated under various successive constitutions that granted legislative powers to bodies responsible for making laws for the country. During that period, there existed both federal and regional legislatures. Regional legislatures were in place due to the practice of regionalism, with separate federal and regional governments. 28 Constitution of the Federal Republic of Nigeria, 1999, s.4(1) 29 Ibid., s.4(6) Page 36 of 275 Onimisi's Care ! Promulgations made by the federal legislatures during that era were referred to as ordinances, while those made by the regional legislatures were known as proclamations. These designations differentiated the sources of legislative enactments based on the level of government that promulgated them. In contrast, English law encompasses the Common law, Equity, and Statutes of General application. Common law, for instance, differs from Ordinance in that the latter arises from the deliberative process of Nigeria's legislative bodies at the time, while the former is a rule of English law that developed through the customary practices of the people of England. Equity in English law emerged as a response to the perceived harshness of Common law, serving as a means to temper its rigidity. To summarize, Ordinances exist as statutes resulting from the deliberative legislative process of the legally recognized federal legislative body during the period when Nigeria practiced regionalism. On the other hand, Received English Law, comprising Common law, Equity, and Statutes of General application, was applicable before Nigeria gained independence and was directly adopted from England. Classification of Legislations Nigerian legislations are broadly classified into two, which are: primary legislation and subsidiary legislation. Primary legislations are the legislations that come directly from the two constitutionally recognised law-making bodies in Nigeria, which are the National Assembly and the States Houses of Assembly. Subsidiary legislations, on the other hand, also known as delegated legislations or secondary legislations, are legislations that come from a body/authority other than the two constitutionally recognised law-making bodies. Any legislation that comes from a body other than the National Assembly and the State Houses of Assembly is a subsidiary legislation. It is called a delegated legislation because the bodies make these laws under the delegation of either the National Assembly or the States House of Assembly. Page 37 of 275 Onimisi's Care ! In Barclay Bank of Nigeria v. Ashiru & 2 Ors30 the Supreme Court x-rayed thus: a subsidiary/delegated legislation are legislation made by a person other than the sovereign federal or state legislature by virtue of powers conferred either by statutes or legislation which is itself made under statutory power. The decision of the court in Abacha & Ors v Fawehinmi31 is also relevant to this effect. The conditions for the validity of a subsidiary legislation are: 1. It must not be in conflict with a primary legislation; 2. It must be made with an authority given by a primary legislation (i.e., by an enabling law); 3. It must be made within the scope of the authority given, and not ultra vires; 4. It must be made by the body/authority originally delegated the power, and not sub- delegated (delegatus non potest delegare). Some examples of a delegated legislation are: bye-laws of the local governments, rules of procedure of courts, rules that come from officially recognized association e.g. NBA, rules made by the minister or governmental institution, and so on. Lecture 7. – Dr Lubabatu Dankadai. LAW-MAKING PROCESS IN NIGERIA The process of law-making is outlined in Sections 58 and 59 of the 1999 Constitution of the Federal Republic of Nigeria. These constitutional provisions define how a bill can be transformed into law. According to the constitution, the National Assembly, comprising the Senate and the House of Representatives, is the legislative body responsible for making laws at the federal level. Conversely, the State House of Assembly consists of a single chamber and handles legislative matters at the state level. 30 (1978) 6-9 S. C. 99 31 Supra Page 38 of 275 Onimisi's Care ! The legislative process begins with the introduction of a proposal to be enacted as law, commonly known as a bill. A bill serves as a document that presents a proposed law for deliberation and passage by the respective House (whether at the national or state level). It represents the draft legislation contained within the document. To become law, a bill must progress through several stages, undergoing thorough scrutiny and deliberation. Stages of Law-Making As already examined earlier, law-making undergoes different stages. Each stage is discussed thus:  First Stage – Drafting of the Bill The process of developing legislative enactments begins with the drafting of a bill, which can be categorized into three types: 1. Public Bill: This type of bill pertains to matters that concern the general public. It encompasses the interests of individuals and institutions across the entire country. Public bills are usually initiated by the government's executive branch but can also be introduced by members of the legislative branch. Public bills can be further classified into two subtypes: money bills and ordinary bills. Money bills exclusively address financial issues such as the allocation or withdrawal of public funds, tax imposition, and other monetary matters. Ordinary public bills cover any other issues that do not directly involve finances. 2. Private Bill: Private bills do not affect the interests of the general public but instead focus on specific individuals, groups, bodies, or institutions. Private individuals, organizations, or institutions typically initiate these bills to seek specific powers or provisions that promote their own interests. The initiation of private bills can be done directly by the concerned parties or through requests made to members of the legislative house. 3. Private Member Bill: This type of bill can be either private or public in nature. It is introduced by a member of the National Assembly or the State House of Assembly. Private member bills are initiated by individual legislators and can address either private or public interests, depending on the specific concerns they seek to protect or promote. Page 39 of 275 Onimisi's Care ! The key distinction between private and public bills lies in their initiators. Private bills are introduced by private individuals or groups, while public bills are initiated by members of the executive arm of the government. Private member bills, on the other hand, are initiated by members of the legislative house, and the interests they aim to protect can be either private or public in nature. Considerations before Drafting a Bill Prior to drafting a bill, several important factors should be taken into account by the draftsman or initiator. These considerations are essential for ensuring a well-crafted and effective bill. Here are some key points to consider: 1. Professionalism and Expertise: The language used in statutes is not ordinary language. It requires a high level of professionalism and expertise to draft a bill successfully. The drafting of a bill is a crucial task that demands meticulousness and skill to ensure that the content and purpose of the bill are easily understood by everyone, including laypeople. This is why there is a dedicated department known as the Department of Legislative Drafting within the Federal and State Ministries of Justice. Legal practitioners in this department have received specialized training in legal drafting and conveyancing during their practical training at the Nigerian Law School. This training equips them with the necessary skills and language to produce flawless drafts. 2. Understanding the Intention of the Lawmaker: While it is the role of the court to interpret the law and give effect to the intention of the lawmaker, understanding the intention of the lawmaker begins with the draftsman. If the draftsman is adept at producing a well-structured draft, the question of ascertaining the lawmaker's intention will be minimized. To achieve this successfully, the draftsman must employ precise and effective language in the drafting process. 3. Legal Research: Before drafting a bill, thorough research should be conducted to understand existing laws, relevant precedents, and legal principles that may impact the proposed legislation. This research ensures that the bill is consistent with the legal framework and addresses any potential conflicts or gaps in the law. Page 40 of 275 Onimisi's Care !  4. Policy Objectives: The bill should align with the policy objectives it seeks to achieve. The draftsman should have a clear understanding of the purpose and desired outcomes of the legislation to ensure that the provisions of the bill effectively address the identified issues. 5. Stakeholder Consultation: It is important to consult relevant stakeholders who may be affected by the proposed legislation. Engaging with experts, interest groups, and the public can provide valuable insights, feedback, and perspectives that can help shape the bill and ensure its practicality and effectiveness. 6. Clarity and Precision: The language used in the bill should be clear, precise, and unambiguous to avoid any misinterpretation or confusion. Ambiguities or vagueness in the wording can lead to difficulties in enforcement or legal disputes. 7. Constitutional and Legal Compliance: The bill must comply with the constitutional framework and legal principles of the country. It should not infringe upon fundamental rights, exceed legislative powers, or conflict with existing laws. 8. Legislative Process: Familiarity with the legislative process is crucial. Understanding the requirements and procedures for introducing and passing a bill through the legislative body is necessary to ensure that the bill progresses smoothly and has a higher chance of becoming law. These considerations contribute to the comprehensive and well-informed drafting of a bill. It is important to approach the process with careful attention to detail, legal expertise, and a deep understanding of the subject matter and its implications.  Second Stage: Introduction of the Bill Once the bill has been drafted, the next step is to introduce it to the appropriate law-making body. If the bill pertains to a specific state, it is introduced in the single-chamber legislature of that state. For national-level bills, the introduction takes place in either the Senate or the House of Representatives, the two chambers of the National Assembly32. This is done through a motion for leave to introduce the bill, seeking permission to present it to the house. 32 Constitution of the Federal Republic of Nigeria, 1999, s. 58(1) & (2) Page 41 of 275 Onimisi's Care !   Third Stage: First Reading During the first reading, the bill's short title is read aloud by the clerk of the house. No comments or questions are entertained at this stage. The title is recorded in the assembly's official record, and the bill is printed, published, and circulated among the members of the house.  Fourth Stage: Second Reading The second reading involves a comprehensive debate and examination of the bill's purpose and merits. This debate allows all legislators present to contribute to the content of the bill and discuss its underlying principles or policies. The Speaker of the House of Representatives or the Senate President oversees the process, controlling the participation of members. Typically, only a limited number of participants are allowed. Following the debate, a vote is conducted to determine whether the bill advances to the next stage or is rejected. Voting methods can include voiced vote, raising or standing vote, or vote by teller or record vote. If the bill receives the majority of votes, it proceeds; otherwise, it is rejected unless sponsors choose to reintroduce it later with modifications.  Fifth Stage: Committee Review In this stage, the bill is referred to the appropriate committee, which may be a senate committee or a committee composed of members from both houses. Types of committees include select committees, consisting of members from the same party; standing committees, comprising members from different political parties; and committees across the entire house, involving the entire legislative body. The Speaker or Senate President decides which committee will review the bill based on its purpose and content. The committee scrutinizes the bill, making edits and amendments as necessary before reporting back to the house.  Sixth Stage: Reporting At the reporting stage, the committee presents its report on the bill to the plenary session of the house. The report is considered along with any additional proposed amendments. If further amendments are required, they can be made at this stage. The committee's report, along with any amendments, is subjected to a vote. If the report is adopted, the bill proceeds to the third reading. Page 42 of 275 Onimisi's Care !   Seventh Stage: Third Reading During the third reading, the bill is reviewed by the members of the house in its final form. Only minor amendments that do not affect the bill's main principle are entertained at this stage. The bill then undergoes a vote by the majority of members present. Once a bill has been successfully passed in the chamber where it originated, it is then sent to the other chamber to undergo the same procedure33. The bill must go through readings, debates, and deliberations, and ultimately be passed into law by that chamber. It is crucial that the versions of the bill passed by both chambers are identical. Even minor variations require the formation of a committee to address these differences. This committee, known as the Senate House Joint Conference Committee, consists of equal members from both the Senate and the House of Representatives. Its purpose is to reconcile the variations and reach a compromise version of the bill. The compromise version of the bill is then reported back to both houses, usually accepted without further debate, and subsequently sent to the president for his assent34. When the bill successfully completes these stages, it is referred to as the passed bill of the National Assembly. Note: The formation of the last committee only occurs when necessary.  Eighth Stage: Presidential Assent and Override Process By the combined effect of section 58(4 & 5) of the 1999 Constitution of the Federal Republic of Nigeria, the president is legally obligated to sign a bill presented to him within a period of 30 days. During this time, the president must either indicate his assent to the passed bill or withhold his assent. In the event that the president withholds his assent, each chamber of the legislature is then required to pass the bill again with a two-thirds majority (2/3). Once this threshold is reached, the bill will automatically become law, and the president's assent will no longer be necessary. This is 33 Constitution of the Federal Republic of Nigeria, 1999, s. 58(3) 34 Constitution of the Federal Republic of Nigeria, 1999, s. 58(3) Page 43 of 275 Onimisi's Care ! called, ‘overriding the president’s veto’. The term "president's veto" refers to the power of the president to reject or refuse to sign a bill that has been passed by the legislature, thereby preventing it from becoming law. Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent. Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required.35 The Court of Appeal in National Assembly v President36 held thus: Under section 58(5) of the Constitution, to override the president veto, each of the House of the National Assembly has to pass the bill again and also that mere motion for veto override did not satisfy the requirement of the section. In the case of Attorney-General of Bendel State v Attorney-General of the Federation37, the Supreme Court per Fatayi Williams summarised the process of law making and the override of the president’s veto in the following words: The power of the National Assembly to make laws shall be exercised by bills passed by both the Senate and the House of Representatives... If a Bill originates in either the Senate or the House of Representatives, it shall not become law unless it has been passed by both Houses and agreement has been reached between the two Houses on any amendment made thereto and thereafter assented to by the President. If the President withholds his assent, the Bill shall become law if it is subsequently passed by each House by a two-thirds majority. Law-Making Process in the State Houses of Assembly In the case of the State House of Assembly, the procedures are quite similar. However, unlike the National Assembly, the State House of Assembly consists of a single chamber. The bill will go through the legislative process in this chamber and then be sent to the governor of the state for his assent. If the governor decides to withhold his assent, the bill will undergo the same processes it went through at the National Assembly. This constitutional arrangement is supported by section 100 of the Constitution of the Federal Republic of Nigeria, 1999. 35 Ibid., s. 58(4 & 5) 36 (2003) 41 W.R.N 94 (C.A) 37 (1981) JELR 57318 (SC) Page 44 of 275 Onimisi's Care !  The Legislative Process of a Money Bill In addition to the legislative process for ordinary bills discussed earlier, there is a specific process for money bills as provided in section 59 of the 1999 Constitution of the Federal Republic of Nigeria. Money bills include appropriation bills, supplementary appropriation bills, and any bills related to payment issues or withdrawal of money from public funds. The process for money bills is not fundamentally different from that of ordinary bills. Money bills go through the same stages as ordinary bills. The only distinction lies in the event of the president withholding assent. In the case of an ordinary bill, it would need to be reintroduced to both houses and pass through the various stages, including introduction, first reading, second reading, third reading, and a voting process requiring a two-thirds majority to become law without presidential assent. However, for money bills, the bill is presented back to the National Assembly in a joint seating, rather than separately to each house, as is the case for ordinary bills. Another difference arises when one house passes the bill, but the other house does not within two months of the commencement of the financial year. In such a scenario, the President of the Senate is constitutionally obligated to convene a meeting of the Joint Finance Committee comprising members from both the Senate and the House of Representatives. The committee's purpose is to consider and resolve any differences between the two houses. If the Joint Finance Committee fails to reach a resolution, the bill is presented in a joint seating of the National Assembly, after which it is presented to the president for assent. The president has a 30-day window to assent to the bill. If the president withholds assent, the bill follows the aforementioned processes accordingly. The Supreme Court has also summarised the legislative process of money bill in the case of Attorney-General of Bendel State v Attorney-General of the Federation38 in the following words: In the case of a money-bill, … the same procedure will apply except … where it- “is passed by one of the Houses of the National Assembly but is not passed by the other House within a period of two months from the commencement of the financial year, the 38 Supra Page 45 of 275 Onimisi's Care !  President of the Senate shall within 14 days thereafter arrange for and convene a meeting of the Joint Finance Committee to examine the Bill with a view to resolving the differences between the two Houses.” … Where, however, the Joint Finance Committee fails to resolve such differences, the Bill shall then be presented to the National Assembly sitting at a joint meeting, and if the Bill is passed at such joint meeting, it shall be presented to the President for assent… If a joint finance committee to which a money-bill has been referred fails to resolve the differences between the two Houses over the Bill, the differences should be resolved by a joint session of the two Houses. If, on the other hand, the committee succeeds in resolving the differences, the new version of the Bill which will show how the differences have been resolved should be sent back to each of the two Houses for adoption. That is the only path of true parliamentary democracy. Since the joint finance committee has no “power to decide whether a Bill shall be passed into law”, whatever decision it takes on a Bill referred to it cannot be final. Until the two Houses, sitting either separately or jointly as the case may be, pass the Bill, or the committee’s version of it, into law, it is not a Bill passed by the National Assembly and cannot, therefore, be assented to by the President of the Federal Republic of Nigeria. Authentication of an Act The authentication process for Acts of the National Assembly is governed by an Act itself, found in LFN 2004 CAP A2 and LFN 1990 CAP 4. This Act outlines the specific procedure, process, and method for authenticating and recording bills and Acts. It also addresses the classification and numbering of Acts passed by the National Assembly. It is important to note that the issue of authentication solely applies to Acts passed by the National Assembly and not to laws enacted by State Houses of Assembly. According to the provisions of the law, it is the duty of the Clerk of the National Assembly to authenticate the Act after it has been enacted and passed, in preparation for assent. Authentication refers to the process by which the Clerk of the National Assembly verifies and endorses the copy of a bill as passed by the National Assembly, including any amendments or changes. This certified copy is then presented to the President for his assent. The purpose of authentication is to provide conclusive evidence of the validity of the bill and its enforceability. When presenting the bill to the President, it is accompanied by the schedu