At the lower level, each state including abuja has its own legal system. The main constituents of this topic are the words, the nigerian legal system, justice and the doctrine of repugnancy. Okoromas 2006 findings blamed the distortions in the education system on ineffective implementation, which was engendered primarily by a lack of. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. In an attempt at distinguishing a state from the political system, rummel r. It guides and directs our activities in much of day to day life. Nigerian legal system is foundational to other lawrelated mass communication courses such as. Doc components of the nigerian legal system temple k. The nigerian legal system akintunde olusegun obilade. It should be noted that from a technical standpoint, there are as much legal systems as there are sovereign independent countries. Nigeria is opposed to some of these customary rules, not only because she did not participate in their formulation and practices, but also because some of them discussed below are contrary to her present and future national interest.
Infact, for the church to draw a progressive analogy of the nigerian legal system clearly shows that there is indeed a problem. Act, cap t2, laws of the federation of nigeria lfn, 2004 provides a list of the taxes that each tier of government can charge in nigeria. A legal system is also an ordered set of laws sharing unique but common characteristics2. A modern comprehensive approach book is a unique textbook with ebook ebook edition with a new dimension. The requirement of proof beyond a reasonable doubt has this vital role in our criminal procedure for cogent reasons. Nigeria has a federal system of government comprising 36 states, and a mixed legal system of english common law, islamic law in 12. Introduction to nigerian legal system 1 the nigerian blawg. The nigerian legal system is the totality of the laws or legal rules and the legal machinery which obtain. Olong adefi is a barrister and solicitor of the supreme court of nigeria. Nigerian legal system book and ebook or ebook home. At the federal level, there is a general federal system applicable throughout the country. There are four distinct legal systems in nigeria, which include english law. Section 62 of the 1999 constitution provides that judicial powers of the.
Research under nigerian legal system unl digital commons. The constitution of nigeria is the supreme law of the country. Nigerian legal system book and ebook or ebook home facebook. It also examines the pluralistic nature of nigeria in terms of ethnicity, religion, and law, and argues that the religious law paradigm is problematic for the discussion of laws at the global level generally and within the nigerian legal system in particular. Britain with its colonisation if nigeria brought with her her laws and imposed headlong on nigeria. The nigerian legal system affords protection to ip rights in the following categories, trademark, and patents. The main types of religious law are sharia in islam, halakha in judaism, and canon law in some christian groups. Creation and transitional criminal procedure law cross river custom customary. With the information below, the reader will understand how the legal system in nigeria works in laymans terms.
Cap t2, laws of the federation of nigeria lfn, 2004 provides a list of the taxes that each tier of. The law and policy in criminal justice system and sentencing in nigeria leonard c. Using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management. He holds a bachelor of law degree from the university of zambia, a masters degree in law librarianship from the university of washington in seattle, washington, and a masters degree in law from georgetown university law center in washington, d. These amongst others are the distinctive features of a legal profession in nigeria. The court has held as follows in uzokwe v ezeonu ii 1991 6th nwlr pt 200 pg. Includes information about the court of appeal and high courts. The author is both a practitioner within the nigerian legal system and is a lecturer in law. Nigeria has its own constitution which was established on 29 may 1999. Introduction an important legacy of the icpd programme of action and the beijing platform for action, is the recognition that laws and policies related to reproductive health issues should aim at realising womens reproductive health care needs, such as. Charles mwalimu is senior legal specialist at law library of congress in washington, d. The lawyers are the main interpreters of the law to other nigerians, who do not have sufficient knowledge regarding the law to enable personal interpretation.
Oct 22, 2016 britain with its colonisation if nigeria brought with her her laws and imposed headlong on nigeria. Pauls cathedral to have chosen to focus this years event on nigerias legal system means that the government needs. The nigerian legal system is based on the english common law legal tradition. Strengthening judicial integrity and capacity in nigeria unodc. To implement or not to implement, the constitutionality is the question pdf. Overview of the legal system constitution and governing laws nigeria is a federal republic, divided into 36 states and one federal capital territory. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. It must be stressed that in the context of our subject matter, the. Regulation of legal rules and social rules law, in the sense that we are using it, is definable as a system of rules.
Legal system introduction as in societies, all over the world including nigeria, there are rules and regulations and a system of enforcement put in place by which life and human activities are governed. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Nigeria is the most populous cou ntry in africa, the second biggest economy, the third largest military power and the biggest oil producer. The legal system in the united states criminal law. The involvement of citizens not only in the choice of their leaders but also in. This entry provides the description of a countrys legal system. The law of nigeria consists of courts, offences, and various types of laws. Define and different between the ratio decidendi and obiter dicta of a case. Mar 18, 2016 it should be noted that from a technical standpoint, there are as much legal systems as there are sovereign independent countries. The constitution guarantees the independence of the judiciary and permits the exercise of sharia law for consenting muslims. The supreme court is presided over by the chief justice and has up to 15 justices. Judicial system of nigeria commonwealth governance. Judgements from the tier 2 court can be appealed to the supreme court the.
Nigerias legal system and in particular, its court hierarchy ought to. Ma,llb,bl,llm,mba,llm may i seize this opportunity to thank the benin bar for choosing me as a resource person on this august assembly of learned men and accomplished judges from all levels of our judiciary. The judicial system maintained by the traditional african. Its coast in the south is located on the gulf of guinea in the atlantic ocean. The legal system in the united states brent moore gordon county courthouse calhoun, ga cc bync 2. From these two perspectives, he provides a full introduction to the nigerian legal system. An overview of the international and regional treaties signed and ratified by nigeria can be found in appendix i of this report. Sharia is the most widespread religious legal system see islamic law, and is the sole system of law for countries including iran, the maldives, and saudi arabia. Characteristics of the nigerian legal system english law content. Introduction to nigerian legal system citizenship under the 1999 constitution 254 immigration and deportation 257 administrative law 259 introduction 259 the study of administrative law in nigeria 262 the rule of law in nigeria 264 separation of powers 266 executive powers 270 the judiciary 271 administration 272. The nigerian legal system is based on the english common law legal tradition by virtue of colonization and the attendant incidence of reception of english law through the process of legal transplant. In democratic governance in nigeria, the rule of law finds better expression in participatory democratic governance. Nigerian legal system and the protection of the right. Amongst topics covered are branches and institutes of the system, functions, classifications, sources, english law, doctrines of equity, statutes in england and those extended to nigeria, nigerian legislation.
For example, nigeria has its own legal system which has been said to consist of each totality of laws or the legal rules and machinery which operate within nigeria as a sovereign and independent african country. Accordingly, this course will not follow the nigerian legal system traditional approach to the study of law which focuses on the institution of the law, predominantly the courts, where legal rules. This research is a critical study on the legal aspects of cybercrime in nigeria, which examines how laws and regulations are made and applied in a wellestablished system to effectively answer questions raised by shortcomings on the implementation of cybercrime legislations. However, the nigerian legal system is complex and has several subsystems. Proclamation introduced english law and english legal system into nigeria.
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