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Sources of Nigerian Law

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Chimex
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PostChimex on Mon 21 Apr 2014, 1:20 am

Sources of Nigerian Law

1. Nigeria Legislations
These are law enacted in Nigeria. They are made up of statutes and subsidiary legislations

i) Statutes are laws enacted by the legislature. With respect to state, statutes are laws made by House of Assembly but in federal level the federal assembly are the one made at the local Government.

Classifications of Statues


a) Acts: These are laws made by the National assembly in a civilian regime so they are federal legislation but if under military rule a law made by the federal government is called “Decree”.

b) Edicts:
Those are laws passed by the state government in a military regime. If there is a clash between edicts and decree then the decree will supersede the edicts.

c) Decree
These are laws passed by the federal government in a military regime.

ii. Ordinance
This is a law passed by the colonial regime and made applicable to a dependent state.

iii. Laws
These are laws passed by state house of assembly in a civilian regime.

iv. By Laws
These are laws passed by the local government councils.

2. Received English Law.
This is another source of Nigerian law. Nigeria was a British colony. During the period of colonization the British government discovered Nigerian law was inadequate for effective performance of government transact as well as a proper governance of the colony. She then decided to enact in 1863 a Supreme Court ordinance making the common law of England the principles of equality and statues of general application operating in England to be applied to Nigeria.

3. Customary Law
This law emanates from the customs accepted by members of society as binding among them. It is a mirror of accepted usage.

4. Judicial Precedents
This means that when a particular procedure has been adopted in deciding a particular case all other similar cases that may crop u in future will be decided in like manners.

Types of Courts and Hierarchy of court
1. The Supreme Court
2. Court of Appeal
3. Federal High Court
4. Customary Court of Appeal
5. Sharia Court of Appeal
6. State High Courts
7. Magistrate Court
8. Customary Court
9. Area Court

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