ENGLISH LAW REMAINS THE SOURCE FOR MUCH OF NIGERIAN LAW, EXCEPT WHERE THE FEDERAL MILITARY GOVERNMENT HAS ALTERED OR REVOKED PRIOR STATUTES BY DECREE. COURTS IN NIGERIA MAY NOT QUESTION THE VALIDITY OF A DECREE, BUT ARE LIMITED TO DETERMINING WHETHER A DECREE IS CONSISTENT WITH PRIOR DECREES OR LAWS.
What are the received English law?
The Received English Statutes / Laws
These are laws enacted in England but were received into our legal system by choice e. g Conveyance Act 1881, Land Transfer Act 1897, The Will Act 1837. The received English laws were originally enacted for England, but co-opted into our laws.
What law does Nigeria use?
The Federal Republic of Nigeria has a written constitution. The Constitution of the Federal Republic of Nigeria 1999 (as amended) (Nigerian Constitution) is the main constitutional law of Nigeria. It is contained in a single document.
What are the 5 Sources of Nigeria law?
Below are the 5 major sources of Nigerian law:
Enactments made by the legislature. Customary/Islamic law. Nigerian case law. International law.
What is the meaning of Nigerian legal system?
It simply means the whole legal structure of Nigeria working together. … Nigeria legal systems refer to those various components the make up the Nigerian legal structure.
Why is English law so popular?
English law is important historically as a result of the British Empire, one of the two largest empires in recent history, alongside the French Empire. … Similarly, the judgments of courts of other common law jurisdictions may also assist English courts in considering issues as they arise elsewhere.
Which countries use English law?
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
What are the 7 types of law?
Terms in this set (7)
- The Constitution. supreme body of laws that govern our country.
- Statutory law. written or codified law such as legislative acts, declaring, commanding, or prohibiting something.
- Common or Case Law. …
- Civil Law (Private law) …
- Criminal Law. …
- Equity Law. …
- Administrative Law.
What is a common wife?
Common law marriage is allowed in a minority of states. A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage.
Which is the lowest court in Nigeria?
The lowest courts in the country are all state courts (there is no federal court in this group). They include (i) the Magistrate Courts that handle English law cases (ii) the Customary Courts that handle Customary law cases and (iii) the Sharia Courts that handle Sharia law cases.
What are the 5 main sources of law?
The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.
What are the types of lawyers in Nigeria?
Some other areas of law which the different types of lawyers in Nigeria are increasing specializing in include – Intellectual Property and Technology matters, Estate and Probate matters, and Media and Entertainment matters.
Who makes the law in Nigeria?
Legislative power is held by the federal government and the two chambers of the legislature: the House of Representatives and the Senate. Together, the two chambers make up the law-making body in Nigeria, called the National Assembly, which serves as a check on the executive arm of government.
What are the types of legal systems?
There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal systems.
What are the characteristics of Nigerian law?
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.
Do judges make law in Nigeria?
Do Judges Make Law? The simple answer to this seemingly rhetorical question is No. … Admittedly, by the provision of section 4 of the 1999 Constitution, the function of law-making is vested in the legislature, while that of judicial adjudication is conferred on the courts by section 6 of the 1999 Constitution.