The Major Sources of Nigerian Law & Constitution
Law is a system of rules that are created and enforced by society to regulate the conduct of its members. It is essential for maintaining order and promoting justice. The Nigerian legal system is a complex one, with its roots in both English common law and Nigerian customary law.
The major sources of Nigerian law are the English law, the Nigerian 1999 Constitution, legislation, judicial precedents, customary law, and Islamic law. The Constitution is the supreme law of the land, and all other sources of law must be consistent with it. Legislation is law that is made by the National Assembly or the state houses of assembly. Judicial precedents are the decisions of courts, which are binding on lower courts in similar cases. Customary law is the law that has been developed and practiced by a community over a long period of time. Islamic law is a religious law that is applied to Muslims in Nigeria.
It is important to understand the sources of Nigerian law for a number of reasons. First, it helps lawyers to identify the relevant laws when advising their clients. Second, it helps judges to interpret and apply the law in a fair and consistent manner. Third, it helps the general public to understand their rights and obligations under the law.
In this blog post, we will discuss the major sources of Nigerian law in more detail. We will also explore the challenges of developing the Nigerian legal system and the impact of globalization on the Nigerian legal system.
THE MAJOR SOURCES OF THE NIGERIAN LAW
Below are the primary sources of the Nigerian law explained:
ENGLISH LAW
English law is another source of Nigerian law. It is the body of law that has been developed in England over the centuries. It is a significant source of Nigerian law because Nigeria was a British colony. English law is applied in Nigeria in cases where there is no applicable legislation or customary law.
THE NIGERIAN CONSTITUTION
The Nigerian Constitution is the supreme law of the land. It was adopted in 1999 and has been amended several times since then. The Constitution sets out the basic structure of government, the fundamental rights of citizens, and the duties of the government.
The Constitution is the most important source of Nigerian law because it is the foundation for all other laws. No other law can be valid if it is inconsistent with the Constitution. The Constitution also establishes the courts, which have the power to interpret and apply the law.
LEGISLATION
Legislation is law that is made by the National Assembly or the state houses of assembly. Legislation is used to implement the provisions of the Constitution and to regulate specific areas of society, such as business, education, and healthcare.
Legislation is enacted through a process that involves both the legislative and executive branches of government. A bill must be passed by both houses of the National Assembly or state house of assembly before it can be signed into law by the President or Governor.
JUDICIAL PRECEDENTS
Judicial precedents are the decisions of courts, which are binding on lower courts in similar cases. The doctrine of stare decisis, which means “to stand by decisions,” is the foundation of judicial precedents. Stare decisis ensures that the law is applied fairly and consistently.
Judicial precedents are created when a court decides a case and issues a written opinion. The court’s opinion sets out the legal reasoning that the court used to reach its decision. In future cases, lower courts must follow the reasoning of the higher court in similar cases.
CUSTOMARY LAW
Customary law is the law that has been developed and practiced by a community over a long period of time. Customary law is often based on tradition and culture. It is an important source of law in Nigeria, especially in rural areas.
Customary law is determined by experts in customary law, such as elders and chiefs. Customary law can be difficult to apply, as it can vary from community to community. However, customary law is an important part of the Nigerian legal system and it must be respected by the courts.
ISLAMIC LAW
Islamic law is a religious law that is applied to Muslims in Nigeria. Islamic law is based on the Quran and the Hadith, which are the two main sources of Islamic law. Islamic law covers a wide range of topics, including family law, criminal law, and business law.
Islamic law is administered by Sharia courts, which are presided over by Sharia judges. There are Northern states in Nigeria practicing Sharia law. Sharia courts have jurisdiction over Muslims in personal matters, such as marriage, divorce, and inheritance. Read on the Nigerian States practicing sharia.
INTERACTION OF THE SOURCES OF NIGERIAN LAW
The different sources of Nigerian law can interact with each other in a number of ways. For example, legislation can be used to codify customary law or to implement the provisions of the Constitution. Judicial precedents can be used to interpret and apply legislation. Customary law and Islamic law can be applied in cases where there is no legislation or judicial precedent to cover the issue.
CHALLENGES OF DEVELOPING THE NIGERIAN LEGAL SYSTEM
There are a number of challenges facing the development of the Nigerian legal system. One challenge is the lack of access to justice for many Nigerians. This is due to a number of factors, including the high cost of legal services, the shortage of lawyers, and the distance to courthouses.
Another challenge is the corruption that exists within the judiciary. This can undermine public confidence in the justice system and make it difficult for people to obtain justice.
Finally, the Nigerian legal system is complex and fragmented. This can make it difficult for lawyers and judges to apply the law fairly and consistently.
IMPACT OF GLOBALIZATION ON THE NIGERIAN LEGAL SYSTEM
Globalization has had a significant impact on the Nigerian legal system. For example, the rise of international trade and investment has led to the development of new areas of law, such as international commercial law and intellectual property law.
Globalization has also led to the increasing influence of foreign law on the Nigerian legal system. For example, Nigeria is a member of the World Trade Organization, which means that it is bound by the WTO’s trade agreements.
The impact of globalization on the Nigerian legal system has been both positive and negative. On the one hand, globalization has led to the development of new areas of law and the increasing influence of foreign law. This has helped to modernize the Nigerian legal system and make it more responsive to the needs of the globalized economy.
On the other hand, globalization has also led to new challenges for the Nigerian legal system, such as the need to protect Nigerian businesses and consumers from foreign competition and to enforce Nigerian laws in a globalized environment.
CONCLUSION
The Nigerian legal system is a combination of English law, common law, customary law, and Sharia law.
The judiciary plays a critical role in interpreting and enforcing the law, ensuring the protection of civil liberties and the rule of law.
The National Judicial Council is responsible for the appointment, promotion, and discipline of judges in Nigeria.
The hierarchy of the Nigerian courts in the judiciary also includes other courts, such as the Sharia Court of Appeal and the Customary Court of Appeal, which have jurisdiction over cases in their respective areas of law.
The Nigerian legal system is a dynamic and evolving system. It is important to understand the major sources of Nigerian law in order to keep up with the changes and to ensure that the law is applied fairly and consistently.
