Cyberpreneurship and Cyber Law EIE513

10th June, 2021

Module 4
Overview of the Nigerian Legal System
Kennedy Okokpujie
Module 4: Nigerian Legal System: 2

Overview of the Nigerian

Legal System:
Civil and criminal.
Basic concepts of law.
 Definition of Law 3

There seems not exist a universally accepted definition of law.

However, various definition based on different theories of law
have been suggested from time to time.
Be that as it may, law can be functionally and descriptively
defined as a body of rules and regulations that guide
human conduct, and accepted as binding by the society
which are enforced directly by the state, breach of which
exposes the culprit to punishment in form of fines or
imprisonment or to redress any wrong done to another by
way of damages
The fundamental rights of man – natural rights 4
The fundamental rights of man – natural rights which belong to a person for
the single reason that he was born a human being, and those rights enjoyed
by him by virtue of the fact that he is a member of a particular community.
• These rights are:-
• The right to life – section 33
• The right to human dignity – Section 34
• The right to personal liberty – Section 35
• Right to fair hearing – Section 36
• The right to private and family life – Section 37
• The right to freedom of thought, conscience and religion- Section 38
 The fundamental rights of man 5
• The right to freedom of expression and the press – section 39
• The right to peaceful assembly and association – Section 40
• The right to freedom of movement – section 41
• Right to freedom from discrimination – Section 42
• Right to own and acquire immovable property – Section 43
• The right of adequate payment for private property compulsorily
acquired for public purposes – Section 44
It is therefore, pertinent to know that the 1999 Constitution of the
Federal Republic of Nigeria has made provisions under Sections 33 to
44, the Fundamental Rights of the Citizenry.
Classification of Law 6

The broad classifications of law can be summarized as

follows:
I. Public Law and Private Law
II. Criminal Law and Civil Law
III.Substantive Law and Adjectival or Procedural Law
IV.Municipal Law and International Law
V. Written Law and Unwritten Law
Classification of Law 7
Public Law
Public law deals with the rules and regulation affecting the interaction
between the various organs of the state. It also regulates the relationship
between individual and state. The main branches of public law are:
Criminal Law,
Constitutional Law,
Administrative Law,
Law of Evidence,
Law of Taxation.
 Classification of Law (Cont’d) 8
Private Law
Private law is the law which deals primarily with the relationship between individuals. The
main divisions of private law include:
I. The law of contract
II. The law of torts
III. The law of trusts
IV. Law of property
V. Company law
VI. Partnership law
VII. Commercial law
VIII. Family law
IX. Law of succession
X. Private international law or Conflict of Laws etc.
Criminal Law 9

Criminal law is the branch of law which seeks to

protect the interest of the public at large by
punishing certain conducts which are believed to be
harmful to the society to permit such conducts to
exist or continue. Punishment is imposed generally
by means of imprisonment or fine or both. Thus, the
main object of criminal law is to punish wrong doers
thereby seeking to protect the collect interests of
the citizenry against the detrimental conduct of its
constituent members.
 Civil Law 10
Civil Law is primarily concerned with competing private interests
and obligations and abounds mostly in our unwritten or judge-made
laws. It is often invoked by private persons, although the State or its
organs may, in appropriate cases, initiate or defend such actions as
juristic persons. Civil actions are commenced in accordance with
the relevant rules of civil procedure, the object being to obtain
relief either by way of damages or injunction. Thus, civil law has
several meanings depending on the context in which it is used. In
this context, it means the law, which defines the rights and duties
of persons to one another and provides a system whereby an
individual who is injured by the wrongful act of another can be
compensated for the damage, which he has suffered.
 Classification of Law (Cont’d) 11
Criminal Law and Civil Law
Criminal Law is the of crime. A crime or an offence is an act or
omission punishable by the state.
Civil Law is the law governing conduct which is generally not
punishable by the state. An act may be a crime as well as a civil
wrong.
Criminal proceedings are instituted for the purpose of punishing
wrongdoers.
Civil proceedings are taken mainly to enable individual to enforce
their right and receive compensation for injuries caused to them by
others
Criminal Law and Civil Law (Cont’d) 12
Criminal proceedings are controlled by the state, although
private persons may sometimes institute such proceedings.
Civil proceedings are usually taken by individual but the state
may be a party to a civil proceeding.
As a general rule, an act or omission is not a criminal offence
unless its definition and punishment for it are contained in a
written law. The exception to this is contempt of court. On
the other hand, many civil wrongs are not governed by
written law.
 Criminal Law and Civil Law (Cont’d) 13
The distinction between a crime and civil wrong does not reside in the nature of
the wrongful act itself. This is because the same act may be both a crime and civil
wrong. The distinction resides, therefore, not in the nature of the wrongful act
but in the legal consequence that may follow it.
In criminal proceedings, a prosecutor prosecutes a defendant and the result of
the prosecution if successful is a conviction and followed by sentencing.
It is the state that prosecutes. Depending on the gravity of the offence;
*the police
*the director of public prosecution
*the Attorney General of a State or the Federation
May prosecute on behalf of the state.
 Criminal Law and Civil Law (Cont’d) 14
In civil proceeding, a plaintiff sues a defendant. The proceedings if
successful result in judgment for the plaintiff, and the judgment
may order the defendant to pay the plaintiff money, or to transfer
property to him, or do or not to do something (injunction) or to
perform a contract (specific performance).
The objective of civil law is to compensate the injured party, rather
than to punish “wrong doer.”
Notice like “Trespassers will be prosecuted” is a “wooden lie.”
Notice like “Trespassers will be sued” or Trespassers be warned”
are more appropriate
 Overview of the Nigerian Legal System 15

Nigeria came to independence with a well-established legal

system that included a court system and a thriving legal
profession in the British tradition. Therefore, in any society, all
over the world, as it is in Nigeria too, there are laws rules and
regulations and a system of enforcement put in place by which
life and human activity are governed in such society. Therefore,
the fundamental purpose of this topic - Nigerian Legal System;
is to highlight the nature, source, development, features,
courts system in Nigeria for a better understanding of Nigerian
legal system
 The duties of law 16
Law, whether Divine, natural, or human is a necessity for right life or good life in any realm. The
functions or relevance of law to society are numerous and may not be completely enumerated.
However, the functions of law in society include:
1. It is a code of conduct. A rule of action to ensure that person, bodies and society live orderly and
peaceful lives.
2. It specifies the structure, framework and the order for all aspects of life and society, whether it be
the structure of government, education and so forth.
3. It is a means of resolving and settling disputes peacefully. It is a means for administration of justice
through the establishment of a court system.
4. It is a guarantee of rights, freedoms and duties. It is a necessary framework to ensure a free
society.
5. It ensures order and peace in society; otherwise life would be brutish, nasty and short. Law is an
instrument of civilization, but lawlessness is opposite and anti-civilization.
6. It is an instrument of political, economic and social change and stability. It can be used to
restructure any aspect or sector of society, to improve, re-organize, upgrade, preserve, project,
establish, revive, save pardon and so forth.
7. It provides the environment that enables individuals and society to live operate and to realize their
ambitions and to reach their fullest potentials.
 SOURCES OF NIGERIAN LAW 17

1. Received English Law consisting of: 6. International Law

i. The common law, 7. Textwriters
ii. The doctrine of equity 8. Law Reports.
iii. Statues of general application of
law in force in England as at
January 1, 1900
2. Customary Law
3. Islamic Law
4. Nigeria Legislation
5. Judicial Precedents (Case Law)
 Local Legislation 18

The laws made by the Nigerian law making authorities like the Federal and State
Legislatures to a large extent constitute source of Nigerian laws. Considering the
political history and constitutional framework of legislation in Nigeria, Legislations
can be classified as:
• Ordinances: These were Legislations passed by the various Legislative authorities
in the country during the colonial era prior to October 1, 1954.
• Laws: These are enactments made by the legislature of a Region or a state or
having effect as if made by that legislature during a civilian regime. They are often
called Laws of the States.
• Acts: These are legislations made or deemed to be made by the Federal
Legislature of a civilian government. They are often called Acts of Parliament.
 Local Legislation (cont.) 19

• Decrees: Are laws by the Federal Military Government under the various Military
Governments that the country has witnessed.
• Edicts: Are laws made by the various State Governments in a Military dispensation.
Such laws are signed by the Military Governors/Administrators.
• Subsidiary Legislations: The Parliament, though charged with the duty of law
making, often finds it difficult to discharge its duty exclusively because it has so
much to do and so little time within which it can be done. This difficulty is
overcome by Parliament delegating its legislative authority to administrative bodies
and other agencies within or outside the executive arm of government. Laws by
such bodies and agencies are referred to as subsidiary or delegated legislations and
they are usually made in form of Rules, Orders, Regulations and Bye-laws.
 Local Legislation (cont.) 20
• The 1979 and 1999 Constitution respectively, also recognized that Nigeria is a Federation and
in that regard, the unique feature relating to division of legislative powers in a Federal
system like ours is contained in these Constitutions. The various legislative powers are
identified and classified under 3 lists.
• The lists are:
• Exclusive Legislative List: Only the National Assembly can legislate upon matters contained
in this list. Examples of such matters are armed forces, defence, police affairs, external
affairs, currency etc.
• Concurrent Legislative List: Both the National Assembly and State House of Assembly have
competence to legislate on matters contained in this list. Matters here include Education,
Health; Assembly may conflict in respect of the matters contained in this list. In such a
situation, Section 4 (5) of the 1999 constitution provides that the provisions of the Federal
Act shall prevail and the State Law will be null and void to the extent of its inconsistency
with the Federal Act.
• Residual List: All other matters that are not mentioned either in the exclusive or
concurrent legislative list fall within the Residual List and are exclusively reserved for State
Assemblies.
The doctrine of separation of powers 21
One of the major characters of the 1999 Nigeria Constitution is the recognition of
the doctrine of separation of powers.
*Section 4 of the 1999 Constitution (hereinafter referred to as “the Constitution”)
vest on the National Assembly comprising of the Senate and House of
Representative, the legislative power of the Federal Republic of Nigeria.
*Section 5: The executive powers are vested in the president or through the Vice-
President and Ministers of the Government of the Federation or officers in the
public service of the Federation.
*Section 6(1) of the Constitution vests in the courts, the judicial powers of the
Federation.
* Section6(2). The judicial power of a State is vested in the courts established for
the state.
The Hierarchy of Courts In Nigeria 22
Section 6 (5) states the courts referred to as:
The Supreme Court (original and appellate jurisdiction).
The Court of Appeal (original and appellate jurisdiction).
The Federal High Court (original jurisdiction over civil and criminal matters
except matters in respect of which any court has been vested with exclusive
jurisdiction, making them the court with the widest jurisdiction under the constitution).
The High Court of the Federal Capital Territory, Abuja
The State High Court
The Sharia Court of Appeal of the Federal Capital Territory, Abuja
The Sharia Court of Appeal of a state
The Customary Court of Appeal of the Federal Capital Territory, Abuja
The Customary Court of Appeal of a state
The Hierarchy of Courts In Nigeria (Cont’d) 23

Such other courts as may be authorized by law

to exercise jurisdiction on matters with respect
to which the National Assembly may make law
and
Such other courts as may be authorized by law
to exercise jurisdiction at first instance or on
appeal on matters with respect to which a House
of Assembly may make laws.
Classification of Courts 24
Courts in Nigeria may be classified in several ways.
1. Federal Courts and State Courts
2. Criminal Courts and Civil Courts
3. Superior Courts and Inferior Courts
4. Courts of records and Courts other than Courts of records.
 Superior Courts and inferior Courts 25
Superior Court
A superior court is a court of unlimited jurisdiction both in terms
of the subject matter and the monetary value. They are for this
reason called the courts of unlimited jurisdiction. This does not
mean unlimited jurisdiction in absolute terms. Such courts may
have minimal jurisdiction limits with respect to type of subject
matter but they are not limited in jurisdiction with respect to
the mere value of the subject matter of the case. Example of
the superior courts are those enumerated in section 6(5)
 Inferior Courts 26
Inferior courts are courts which have jurisdictional limits with
respect to the types and monetary value of the subject matter.
They are usually subject to the supervisory jurisdiction of
superior courts . They are sometimes called courts of limited
jurisdiction. Such courts include:
1. Magistrate
2. District Courts
3. Upper Area Courts and Area Courts
4. Customary Courts
 Inferior Courts; Why 27
• These are courts other than courts of record. They are referred to as
inferior courts for the following reasons:
1. They cannot punish for contempt committed outside the courts.
2. Their decisions do not serve as precedent either to the court itself
or to any other court of equal and co-ordinate jurisdiction.
3. They have limited jurisdictions both in terms of matter they can
adjudicate upon and in terms of the award they can make in such
matters.
4. They are not constitutionally provided for but rather left for the
states to establish as the need arises.
Special Courts 28

1.Juvenile Court
2.Courts Martial
3.The National Industrial Court
Other Judicial and Quasi-Judicial Bodies
29
In addition to the normal courts, there are various other bodies
which perform judicial and quasi-judicial functions. Two of such
bodies are:
1. Tribunal
i. Administrative Tribunal: is usually a fact-finding panel and given a
term of reference. The term of reference specifies the matter on
which the Tribunal is to enquire and to make it recommendation to
the appointing authority at the end of its investigations.
ii. Judicial or quasi-judicial Tribunals: exercise jurisdiction to try
persons accused of certain offences and may be punished for such
offences.
Other Judicial and Quasi-Judicial Bodies
(cont’d) 30

2. Coroners
A Coroner is a person empowered to hold
inquests on the body of a deceased person
who appears to have died a violent and
unnatural death. The inquest is to find the
cause or causes of death. Each of the state
of the Federation has a Coroner’s Law.
Every Magistrate is a Coroner.
A fit and proper person may also be
 Assignment 31
In Summary, Name the various of courts in Nigeria (from the uppermost to the
lowest) and write brief on them using the following sub-heading.
1. Introduction (Including the date introduced, court of record or not, and
purpose)
2. Composition
3. Appointment
4. Jurisdiction (i. Original, ii. Appellate, iii. Advisory, iv. Supervisory)
5. Site the Constitutional backing.
 32

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QUESTIONS
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