BUSINESS LAW - Nigerian Constitution, Fundamental Rights, and Sources of Law

Vocabulary flashcards covering fundamental rights, sources of law, and constitutional framework from the notes.

Fundamental rights

Basic rights to which every citizen is entitled within the polity and entrenched in the Nigerian Constitution (1999); inalienable rights; tampering may lead to court action; preserved and protected by the Constitution.

Right to life

One of the fundamental rights—the basic right to life.

Right to dignity of human person

Fundamental right protecting the dignity of the human person.

Right to personal liberty

Fundamental right protecting personal liberty.

Right to fair hearing

Fundamental right ensuring a fair hearing in legal proceedings.

Right to private and family life

Fundamental right protecting private and family life.

Right to freedom of thoughts, conscience and religion

Fundamental right protecting freedom of thought, conscience and religion.

Right to freedom of expression and the press

Fundamental right protecting freedom of expression and the press.

Right to peaceful assembly and association

Fundamental right protecting freedom of assembly and association.

Right to freedom of movement

Fundamental right protecting freedom of movement.

Right to freedom from discrimination

Fundamental right protecting freedom from discrimination.

Right to acquire immovable property anywhere in Nigeria

Fundamental right allowing acquisition of immovable property anywhere in Nigeria.

Right to compensation upon compulsory acquisition

Fundamental right guaranteeing compensation when property is compulsorily acquired.

Common Law

Law developed by the old English common law courts; rules are found in judicial decisions; covers criminal and civil law; except contempt of court; the common law of crime is not part of Nigerian law.

Received English Law

The English law received in Nigeria, including the common law, the doctrines of equity, and English statutes in force in England on Jan 1, 1900 and English law made before Oct 1, 1960 extending into Nigeria.

Formal source of law

Origin of the whole body of legal system from which its validity derives.

Literary source of law

Materials containing the rules of law, such as statute books, law reports, and textbooks.

Legal source of law

The fountain of authority of a rule of law; the origin from which a rule derives its authority (e.g., legislation and judicial precedents).

Nigerian Constitution (1999 CFRN)

Written constitution containing the supreme law of the land; binds all authorities and persons; regulates government powers and protects rights.

Supremacy of the Constitution

The Constitution's provisions bind all authorities and persons; its provisions are supreme over all other laws; any law inconsistent with it is null and void.

Written form

The Constitution is written, outlining the framework of government, powers of agencies, and rights of subjects in a single document.

Rigidity

The Constitution is rigid; changes require a special process; not all written constitutions are rigid.

Federal system

Constitution distributes power between levels of government; Nigeria’s system comprises Federal, State, and Local government; Nigeria has 36 states plus the Federal Capital Territory (FCT).

Three tiers of government

Federal, State, and Local government as the levels of governance in Nigeria.

Unitary system

A system in which the national government is supreme and lower levels derive powers from the central government.

Separation of powers

The constitutional division of government into Executive, Legislative, and Judicial branches, which function independently to provide checks and balances and prevent interference among sectors.

Executive

The branch responsible for enforcing laws and running the government.

Legislative

The branch responsible for making laws.

Judicial

The branch responsible for interpreting laws.

Doctrines of equity

Equity is the law developed by the English Court of Chancery to remedy rigidity or injustice in the common law; where equity conflicts with common law, equity prevails; many equitable rules are now in statutes.

Maxims of equity

Twelve guiding principles of equity: 1) Equity will not suffer a wrong without a remedy; 2) Equity follows the law; 3) Where there is equal equity, the law shall prevail; 4) Where the equities are equal, the first in time shall prevail; 5) He who seeks equity must do equity; 6) He who comes into equity must come with clean hands; 7) Delay defeats equity; 8) Equality is equity; 9) Equity looks to the intent rather than the form; 10) Equity looks on that as done which ought to be done; 11) Equity imputes an intention to fulfil an obligation; 12) Equity acts in personam.

Statutes of General Application

Statutes of general application that were in force in England on Jan 1, 1900; applied in Nigeria via general provisions; do not apply in states with local laws or in the defunct Western Region.

What are fundamental rights?

Fundamental rights are basic, inalienable rights to which every citizen is entitled within the polity, entrenched in the Nigerian Constitution (1999). They are preserved and protected by the Constitution, and tampering with them may lead to court action.

What is the Right to life?

The Right to life is one of the fundamental rights, representing the basic right to life.

What is the Right to dignity of human person?

The Right to dignity of human person is a fundamental right protecting the dignity of the human person.

What is the Right to personal liberty?

The Right to personal liberty is a fundamental right protecting personal liberty.

What is the Right to fair hearing?

The Right to fair hearing is a fundamental right ensuring a fair hearing in legal proceedings.

What is the Right to private and family life?

The Right to private and family life is a fundamental right protecting private and family life.

What is the Right to freedom of thoughts, conscience and religion?

The Right to freedom of thoughts, conscience and religion is a fundamental right protecting freedom of thought, conscience and religion.

What is the Right to freedom of expression and the press?

The Right to freedom of expression and the press is a fundamental right protecting freedom of expression and the press.

What is the Right to peaceful assembly and association?

The Right to peaceful assembly and association is a fundamental right protecting freedom of assembly and association.

What is the Right to freedom of movement?

The Right to freedom of movement is a fundamental right protecting freedom of movement.

What is the Right to freedom from discrimination?

The Right to freedom from discrimination is a fundamental right protecting freedom from discrimination.

What is the Right to acquire immovable property anywhere in Nigeria?

The Right to acquire immovable property anywhere in Nigeria is a fundamental right allowing the acquisition of immovable property anywhere in Nigeria.

What is the Right to compensation upon compulsory acquisition?

The Right to compensation upon compulsory acquisition is a fundamental right guaranteeing compensation when property is compulsorily acquired.

What is Common Law?

Common Law is law developed by the old English common law courts, with rules found in judicial decisions. It covers criminal and civil law, except for contempt of court, but the common law of crime is not part of Nigerian law.

What is Received English Law?

Received English Law refers to the English law adopted in Nigeria, which includes the common law, the doctrines of equity, English statutes in force in England on January 1, 1900, and English law made before October 1, 1960, that extended into Nigeria.

What is a formal source of law?

A formal source of law is the origin of the entire legal system from which its validity is derived.

What is a literary source of law?

A literary source of law refers to materials that contain the rules of law, such as statute books, law reports, and textbooks.

What is a legal source of law?

A legal source of law is the fountain of authority for a rule of law, the origin from which a rule derives its authority (e.g., legislation and judicial precedents).

What is the Nigerian Constitution (1999 CFRN)?

The Nigerian Constitution (1999 CFRN) is a written constitution that serves as the supreme law of the land. It binds all authorities and persons, regulating government powers and protecting rights.

What is meant by the Supremacy of the Constitution?

The Supremacy of the Constitution means that its provisions bind all authorities and persons, and are supreme over all other laws. Any law inconsistent with the Constitution is null and void.

What does it mean that the Constitution is in a written form?

The Constitution being in a written form means it outlines the framework of government, powers of agencies, and rights of subjects in a single document.

What is meant by the Rigidity of the Constitution?

The Rigidity of the Constitution means that changes to it require a special process. It's important to note that not all written constitutions are rigid.

Describe the Federal system of government established by the Constitution.

The Constitution establishes a federal system, distributing power between different levels of government. Nigeria's system comprises Federal, State, and Local governments, with 36 states plus the Federal Capital Territory (FCT).

What are the three tiers of government in Nigeria?

The three tiers of government in Nigeria are Federal, State, and Local government.

What is a Unitary system of government?

A Unitary system is one in which the national government is supreme, and lower levels of government derive their powers from the central government.

What is the Separation of powers?

The Separation of powers is the constitutional division of government into Executive, Legislative, and Judicial branches. These branches function independently to provide checks and balances and prevent interference among sectors.

What is the Executive branch responsible for?

The Executive branch is responsible for enforcing laws and running the government.

What is the Legislative branch responsible for?

The Legislative branch is responsible for making laws.

What is the Judicial branch responsible for?

The Judicial branch is responsible for interpreting laws.

What are the Doctrines of equity?

The Doctrines of equity refer to the law developed by the English Court of Chancery to remedy rigidity or injustice in the common law. Where equity conflicts with common law, equity generally prevails, and many equitable rules are now codified in statutes.

List and explain the twelve Maxims of equity.

The twelve guiding principles (Maxims) of equity are: 1) Equity will not suffer a wrong without a remedy: Equity provides a remedy when common law does not. 2) Equity follows the law: Equity does not override common law but supplements it. 3) Where there is equal equity, the law shall prevail: If both parties have equal claims in equity, the legal right stands. 4) Where the equities are equal, the first in time shall prevail: Among equal equitable claims, the one created first has priority. 5) He who seeks equity must do equity: A person seeking equitable relief must be prepared to act fairly towards the defendant. 6) He who comes into equity must come with clean hands: A person seeking equitable relief must not have committed any impropriety related to the transaction. 7) Delay defeats equity: Unreasonable delay in bringing a claim can bar equitable relief (laches). 8) Equality is equity: Equity aims for fair and proportionate distribution. 9) Equity looks to the intent rather than the form: Equity prioritizes the true intention of parties over strict adherence to technical forms. 10) Equity looks on that as done which ought to be done: Equity treats something as done if it was agreed to be done and should have been done. 11) Equity imputes an intention to fulfil an obligation: Where a person is under an obligation to do an act and does some other act which is capable of being considered a fulfilment of the obligation, it will be so construed. 12) Equity acts in personam: Equity operates against the conscience of the individual rather than against property itself.

What are Statutes of General Application?

Statutes of General Application are statutes that were in force in England on January 1, 1900. They were applied in Nigeria via general provisions, but they do not apply in states with existing local laws or in the defunct Western Region.