THE HISTORICAL BACKGROUND OF COMMERCIAL LAW IN NIGERIA

The law governing sale of Goods in Nigeria is the Sale of Goods Act, 1893 (a statute of General application in force in Nigeria). The rules of Common Law, including the Law Merchant which is not inconsistent with the express provisions of the Sale of Goods Act, 1893 are also applicable.

Originally, the Sale of Goods Act 1893 had force throughout Nigeria. Today, the rest of the federation still apply the Sale of Goods Act 1893, except in Western States and the then Bendel State now Edo State, where the Sale of Goods Act 1893 is replaced by the Sale of Goods Law, 1959. In other words, the operation of the 1893 Act is confined only to Lagos State and those States created from Northern Nigeria. The Western region of Nigeria repealed the Act and replaced it with the Sale of Goods Law 1959. In spite the change, the Sale of Goods Law 1959 is still a carbon copy of the Sale of Goods Act, 1893.

The study of sale of goods is only a specialised one in the sense that it is a contract involving sale of goods; otherwise it is essentially a part of the general law of contract. The Act has not therefore; done away with the general rules relating to contract; hence, offer and acceptance, consideration and other elements of a valid contract must be present in a contract of Sale of Goods.