The Nigerian Legal System

THE NIGERIAN LEGAL SYSTEM

INTRODUCTION

  • Legal systems exist globally to govern life and human activities through rules, regulations, and enforcement mechanisms.

  • Legal System Definition: Refers to the framework of laws, institutions, and processes for creating, interpreting, applying, and enforcing laws within a society.

  • Connection of law with politics, society, and governance.

  • Nigerian Legal System: The entirety of laws in Nigeria and the mechanisms through which these laws are enforced.

  • Purpose of the Topic: To explore the nature, source, development, features, and court systems of the Nigerian legal system.

THE IDEA OF A NIGERIAN LEGAL SYSTEM

  • Concept: The notion encompasses all social institutions involved in law in Nigeria, including law-making, administration, and compliance.

  • It constitutes all connected and coordinated activities regarding law's administration, growth, and development in Nigeria.

  • Vital Function: Provides a framework ensuring orderly and peaceful conduct of affairs; the ultimate goal is achieving justice in society.

ELEMENTS OF LEGAL SYSTEM

  1. Sources of Law:

    • I. Constitution:

      • Constitution of the Federal Republic of Nigeria 1999 (as amended).

    • II. Legislations:

      • Enactments by the legislature of a region/state called Laws of the States.

      • Acts:

        • Legislative enactments from the Federal Legislature, often referred to as Acts of Parliament.

      • Decrees:

        • Laws established by the Federal Military Government.

      • Edicts:

        • Laws made by state governments during a military regime.

    • III. Case Law/Judicial Precedent:

      • Law derived from the previous decisions of courts.

    • IV. English Law:

      • Includes Acts or Orders-in-Council applicable to Nigeria, categorized as Statutes of General Application, Common Law, and doctrines of equity.

      • Received English law is our colonial legacy, with Statutes of General Application in force in England as of January 1, 1900 becoming part of Nigerian law.

    • V. Customary Laws:

      • Must pass three validity tests:

      1. Not repugnant to natural justice, equity, and good conscience.

      2. Not incompatible with any currently enforced law.

      3. Not contrary to public policy.

    • VI. Islamic Law: Forms a component of the legal system especially in Northern Nigeria.

  2. Institutions of Law:

    • Includes courts, legislatures, law enforcement agencies, and legal professions.

  3. Processes of Law:

    • Involves how laws are made, interpreted, and applied.

TYPES OF LEGAL SYSTEMS IN THE WORLD

  1. Common Law:

    • Developed through judicial decisions and precedents; binding in nature.

    • Examples: Nigeria, UK, USA.

  2. Civil Law:

    • Derived from comprehensive codes with no judicial precedents binding influences; French legal system often cited as a model.

  3. Customary Law:

    • Based on local customs and traditions, prevalent in many African communities.

  4. Religious Law:

    • Based on faith or religious doctrines, e.g., Sharia law.

CHARACTERISTICS OF THE NIGERIAN LEGAL SYSTEM

  • Duality of Laws:

    • Comprised of English law and customary law, with Islamic law treated similarly to customary laws.

  • Influence of International Law:

    • Impact of international legal frameworks on Nigerian law, particularly Islamic law in Northern communities.

  • Modeling of Criminal Codes:

    • Nigerian Criminal Code and Matrimonial Causes influenced by Queensland, Australia; northern Penal Code based on the Sudanese Penal Code.

  • Citing Foreign Authorities:

    • Allowance to reference foreign legal authorities in judicial matters.

  • Diversity of Laws:

    • Different laws may exist among neighboring communities due to the country's vast ethnic diversity, even among the same ethnic groups.

  • Principle of Stare Decisis:

    • Earlier court decisions serve as binding precedents for lower courts, with some flexibility on the adherence to precedents.

  • Judicial Hierarchy:

    • Supreme Court sits at the top of the hierarchy, binding on all subordinate courts, followed by the Court of Appeal, Federal High Court, State High Court, and specialized courts like the Sharia and Customary Courts.

  • Legal Practice in Nigeria:

    • Legal practitioners act as both solicitors and barristers, contrasting with the binary system seen in England.

  • Accusatorial System:

    • Nigeria employs an adversarial legal system where judges play a passive role, differing from the actively inquisitorial systems in civil law countries.

  • Impact of Military Influence:

    • Historical military coups led to decrees and edicts shaping parts of current legal practices.

DIVISIONS OF NIGERIAN LEGAL SYSTEM

  • Main Divisions:

    • Broadly divided into Criminal Law and Civil Law.

1. CRIMINAL LAW

  • Definition:

    • Law regarding acts or omissions designated as crimes by written law, punishable by the state.

  • Terminology:

    • "Crime" and "offence" are treated interchangeably. A person found guilty is considered a criminal, and proceedings are termed criminal trials.

  • Key Players:

    • The prosecutor (state) initiates criminal proceedings, while the accused is the individual charged with an offence.

  • Trial Process:

    • Accused can plead guilty or not guilty. If guilty, conviction leads to sentencing by the court.

2. CIVIL LAW

  • Definition:

    • Governs individuals' actions that are typically not punishable by the state; concerned with rights enforcement and compensation for injuries.

  • Procedural Conduct:

    • Procedures conducted under civil law are referred to as civil procedures.

  • Key Roles:

    • The person initiating a suit is the plaintiff/claimant, while the opposing party is the defendant.

  • Unique Cases:

    • In matrimonial cases, parties are referred to as petitioner (initiator) and respondent (opponent).

  • Outcome of Civil Proceedings:

    • If the plaintiff proves their case, judgment favors them; otherwise, the case is dismissed.