THE NATURE OF THE NIGERIAN LEGAL SYSTEM

WHAT IS A LEGAL SYSTEM

A system has been defined as considered principles or procedures of classification. Legal has also been defined as something of or relating to law; falling within the province of law. Thus, from the above definition of ‘legal’ and ‘system’, a legal system can be defined as the principles or procedures for the classification of laws, matters or procedure relating to them. It can also be defined as a body of rules including the principles, rules or doctrines associated with them that have the force of law in a given society.

It should be noted that from a technical standpoint, there are as much legal systems as there are sovereign independent countries. 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. However, on a larger scale sovereign countries are grouped into larger legal system classifications due to them sharing similar fundamental characteristics.

WHAT IS NIGERIAN LEGAL SYSTEM?

The Nigerian legal system means the laws, courts, personnel of the law and the administration of the justice system in Nigeria. Therefore the legal system of Nigeria must contain the above four elements. The Nigerian legal system consist of the combination the common law doctrine, equity, statutes of general application, customary law and Islamic law etc.

THE IMPORTANCE OF A LEGAL SYSTEM

• 1.       The existence of a legal system is a necessity to the overall interest of every in the society for the continuous protection of persons, their properties and rights and freedom.
• 2.       The formation of a legal system could help in the safety of the State and its interests as opposed to anarchy and chaos etc.
• 3.       The legal system also aids in necessitating an orderly, progressive and safe society.

THE FEATURES OF A NIGERIAN LEGAL SYSTEM

The legal development of all former British colonies, which Nigeria is one, cannot be separated from the reflection of colonialism. Hence, Nigeria like many other African countries can be classified under the Common law system.

However, it has not lost touch with the indigenous African character as evidence by the strong impact of the rules of customary law in the system.

The features are as follow:

1.          Duality: as a result of the colonial influence and the subsequent imposition of the English law in Nigeria, the Nigerian legal system has acquired a dual structure which comprises of the English law, Islamic law and customary law. The influence of Islamic law in the Nigerian legal system can be viewed in Northern part of Nigeria where the Sharia law applies. On the other hand, the applicability of customary law depends wholly on circumstance when it is proven in fact not to be against the rules of natural justice and must be judicially noticed.

2.         External Influence: The Nigerian law has borrowed heavily from diverse external sources, beginning with the influence of Islamic law as a bi-influence of the 19^th century Fulani Jihad. Islamic law has supplemented many indigenous customary laws in Northern part of Nigeria. English law also remains a major law of the Nigeria law and an attempt to reform the latter, either ends up following the English pattern or deliberately made rules from English practices and procedures. See for example: the matrimonial causes Act and Criminal Code modelled after those of the Queen’s land.

3.         Geo-cultural diversity: this is very much a part of the Nigerian legal system. This diversity can easily be traced to the heterogeneous nature of the Country’s units. It is widely believed that there are more than 250 ethnic groups in Nigeria with each of these ethnic groups having peculiar customs and norms. The situation has further compounded on the task of proving customary law and the attainment of harmonised Nigerian common law.

4.         The System of Precedent: Nigeria has received the tradition of working with decided cases which enjoins that their earlier decisions with similar facts to the one which is looked at be followed. The court in which the decision is given may depart from earlier decisions in only special cases. This system has been justified on the grounds that it enhances certainty, predictability and minimises the influence of personal bias against settled principles of law.