17 October

Sources of Law in Nigeria: A Comprehensive Guide for Law Students

Understanding the sources of Nigerian law is fundamental to legal education and practice. As a law student or legal practitioner, knowing where to find applicable law is as important as understanding its content. This blog post explores the wellsprings from which Nigerian legal principles, rules, and doctrines flow.

Introduction to Legal Sources

Every legal system draws its authority from certain recognized sources. These sources not only validate legal rules but also provide the framework for their interpretation and application. As explained in our overview of the Nigerian legal system, law serves multiple functions in society, including the maintenance of order and the pursuit of justice.

The Nigerian legal system, with its rich tapestry of influences, draws from various sources including English law, indigenous customary practices, Islamic traditions, legislation, and judicial precedents. Understanding these sources provides insight into the historical evolution of Nigerian law and equips practitioners with the tools to identify applicable legal principles.

Classification of Legal Sources

Sources of Nigerian law can be classified into two broad categories: primary and secondary sources.

Primary Sources

Primary sources are those that have binding force on courts in Nigeria. They include:

English law
Nigerian legislation
Case law or judicial precedent
Customary law (including Islamic law)
International law (where incorporated into domestic law)

Secondary Sources

Secondary sources explain, analyze, or comment on the primary sources. While not binding on courts, they offer valuable guidance and persuasive authority. They include:

Law reports
Textbooks and treatises
Legal periodicals and journals
Law digests
Legal dictionaries

Let’s examine each of these sources in detail.

Primary Sources of Nigerian Law

1. English Law

Nigeria’s colonial heritage has resulted in the significant influence of English law within its legal system. English law was introduced to different parts of Nigeria following the establishment of British colonial administration in the 19th century.[^1]

The received English law consists of:

The common law
Doctrines of equity
Statutes of general application in force in England as of January 1, 1900

Section 45 of the Interpretation Act provides:

“Subject to the provisions of this section and in so far as other provision is made by any federal law, the common law of England and the doctrines of equity, together with the statutes of general application that were in force in England on the 1st of January, 1900, shall be in force in Lagos and, in so far as they relate to any matter within the exclusive legislative competence of the Federal legislature, shall be in force elsewhere in the Federation.”[^2]

The phrase “statutes of general application” has been the subject of judicial interpretation. In Attorney General v. John Holt & Co Limited, Osborne CJ proposed a test:

“…two preliminary questions can, however, be put by way of a rough but not infallible test, viz: (1) by what courts is the statute applied in England? and (2) to what classes of community in England does it apply? If on the 1st January, 1900, an Act of Parliament were applied by all civil and criminal courts, as the case may be, to all classes of the community, there is a strong likelihood that it is in force within the jurisdiction.”[^3]

Examples of English statutes held to be of general application in Nigeria include:

Infant Relief Act, 1874
Trustees Act, 1888
Limitations Act (Real Property), 1874
Statute of Frauds, 1677

It’s important to note that since Nigeria’s independence in 1960 and its republican status in 1963, English law no longer has binding force in Nigeria but may serve as persuasive authority.

For more on the classification of laws, see our article on aspects of law and legal classifications.

2. Nigerian Legislation

Legislation represents the most important source of law in modern Nigeria. As explored in our article on legal reasoning in legislation, the process of creating laws involves complex considerations of policy, social needs, and existing legal frameworks.

Nigerian legislation includes:

a. Statutes

These are laws enacted by the legislative arm of government. They have different names depending on when and under which form of government they were made:

Ordinances: Laws passed by the Nigerian central legislature before October 1, 1954 (when federalism was introduced)
Acts: Statutes enacted by the elected federal legislature (National Assembly) during civilian regimes
Laws: Enactments made by elected state legislatures during civilian regimes
Decrees: Enactments made by the Federal Military Government during military regimes
Edicts: Enactments made by Military Governors/Administrators of States during military regimes

All federal statutes in Nigeria up to January 31, 1990, were revised and consolidated in the Laws of the Federation of Nigeria (LFN) 1990, which has since been updated to the Laws of the Federation of Nigeria 2004.

The Constitution of the Federal Republic of Nigeria, which came into force on May 29, 1999, is the highest law of the land from which all other laws derive their validity.[^4]

b. Delegated or Subsidiary Legislation

These are enactments made by persons or bodies other than the legislature pursuant to powers conferred on them by the legislature. Examples include:

Regulations by professional bodies
Bye-laws of local governments
Rules and orders made by ministers
Regulations of public corporations

Our article on methods of social control through law explores how legislation functions as a mechanism for regulating society.

3. Nigerian Customary Law

Customary law consists of customs accepted by members of a community as binding among them. It is usually classified into:

a. Ethnic/Non-Muslim Customary Law

This is indigenous, unwritten, and varies from one ethnic group to another. The diversity of customary law systems reflects Nigeria’s rich cultural heritage.

b. Islamic Law (Sharia)

Islamic law, also known as Sharia, is largely in written form. Its sources include:

The Holy Quran
The practice of the Prophet (Sunnah)
Consensus of Islamic scholars (Ijma)
Analogical deductions (Qiyas)

The predominant version of Islamic law in Nigeria follows the Maliki School.

For customary law (including Islamic law) to be applicable, it must pass three validity tests:

It must not be repugnant to natural justice, equity, and good conscience
It must not be contrary to public policy
It must not be incompatible with any existing law

In Dawodu v. Danmole, the Judicial Committee of the Privy Council clarified that the principles of natural justice should be interpreted within the context of a society where polygamy is generally accepted.[^5]

4. Case Law or Judicial Precedent

The doctrine of judicial precedent (stare decisis) is a fundamental aspect of the Nigerian legal system. Under this doctrine, earlier decisions of courts bind lower courts in subsequent similar cases.

As explained in our article on legal reasoning in the judicial process, courts apply complex reasoning methods to interpret laws and prior decisions.

The binding force of a precedent depends on the hierarchy of courts:

Decisions of the Supreme Court bind all other courts in Nigeria
Decisions of the Court of Appeal bind the High Courts and lower courts
Decisions of the High Court bind courts lower in the hierarchy

The Supreme Court, while respecting its own previous decisions, may overrule itself where necessary to prevent perpetuating injustice, as established in Bronik Motors Ltd & Anor v. Wema Bank.[^6]

5. International Law

International law becomes a source of Nigerian law when incorporated into domestic legislation. The African Charter on Human and Peoples’ Rights, for instance, has been incorporated into Nigerian law and is enforceable in Nigerian courts, as confirmed by the Supreme Court in Sani Abacha v. Gani Fawehinmi.[^7]

Secondary Sources of Nigerian Law

While not binding, secondary sources provide invaluable guidance in understanding and applying the law. Our guide to legal research and the use of source materials offers strategies for effectively utilizing these resources.

1. Law Reports

Law reports contain judicial decisions of superior courts. They are essential for understanding and applying the doctrine of judicial precedent. Notable Nigerian law reports include:

Nigerian Weekly Law Reports (NWLR)
Supreme Court of Nigeria Judgments (SCNJ)
Federation Weekly Law Reports (FWLR)
All Nigerian Law Reports (All NLR)
Nigerian Revenue Law Reports (NRLR)

2. Law Texts, Books, and Treatises

Textbooks written by learned scholars provide comprehensive analyses of various areas of law. Works by authors like Obilade, Nwogwugwu, Okonkwo, Kodilinye, and Aguda serve as authoritative secondary sources.

3. Legal Periodicals, Journals, and Digests

These publications contain articles, case commentaries, and analyses of legal developments. Examples include the Nigerian Law Journal, Journal of Islamic and Comparative Law, and Nigerian Journal of Private and Property Law.

4. Law Dictionaries and Encyclopedias

References like Black’s Law Dictionary, Stroud’s Judicial Dictionary, and Halsbury’s Laws of England provide definitions and explanations of legal terms and concepts.

Conclusion: Navigating the Sources of Nigerian Law

Understanding the sources of Nigerian law is fundamental to legal education and practice. The multifaceted nature of these sources—ranging from English colonial legacies to indigenous customs, from legislative enactments to judicial precedents—reflects Nigeria’s complex legal history and evolving jurisprudence.

For law students, developing proficiency in navigating these sources is crucial. It enables you to identify the applicable law, analyze legal problems effectively, and provide sound legal advice. As you progress in your legal studies, you’ll find that mastering the sources of Nigerian law forms the foundation upon which your legal reasoning and advocacy skills are built.

Our guide on legal reasoning and approach to problems can help you apply these sources effectively in legal analysis, while our resource on legal writing and essay approach offers guidance on communicating your legal arguments clearly.

Remember that law is not static; it evolves in response to social, economic, and political changes. Staying current with developments in primary sources and consulting reliable secondary sources will be an ongoing aspect of your legal education and career.

Footnotes

[^1]: N. Tobi, Source of Nigerian Law, 1996, MIJ Publishers Ltd, Lagos, p. 6.

[^2]: Cap 123 LFN 2004.

[^3]: (1910) 2 NLR 1 at 21.

[^4]: For instance, section 1 of the 1999 Constitution proclaims its supremacy over all other laws, authorities, and persons in Nigeria and goes further to render null and void any other law which is inconsistent with its provisions.

[^5]: (1962) 1 WLR 1053 at 1060.

[^6]: (1983) NSCC p. 225.

[^7]: (2000) 4 FWLR 533.