UNIT 1

WHAT IS LAW

Law is a system of rules created and enforced through social or governmental institutions to regulate behavior. It serves as a mechanism for social control, aiming to ensure order, resolve disputes, and protect liberties and rights. See section 1 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which stablishes the supremacy of the Constitution, which is the foundation of Nigerian law and the case of A.G. Lagos State v. A.G. Federation (2003) 12 NWLR (Pt.833) 1 which highlights the supremacy of the Constitution and the role of law in governance. The definition of law can vary, but it generally includes the following elements:

1. Rules and regulations: this is where laws are formal rules and regulations that govern behavior.
2. Enforcement: this is where laws must be enforceable by some authority, usually the government.
3. Institutional framework: this is where laws are established and maintained by institutions, such as legislatures, courts, and administrative agencies.
4. Normative function: this is where laws reflect the values and norms of a society and are designed to guide behavior and resolve conflicts.

LAW AND JUSTICE IN SOCIETY

Justice is a fundamental concept in law, representing fairness, equality, and the moral righteousness of legal proceedings and outcomes. Law and justice are intertwined, with the law serving as the vehicle through which justice is administered. See section 17 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which promotes social justice and ensures equality before the law and the case of Onwo v. Oko (1996) 6 NWLR (Pt. 456) 584 which underscores the importance of fairness and equality in the administration of justice. The principles of justice includes the following;

1. Fairness: this is where laws should be applied impartially and consistently.
2. Equality: this is where everyone is equal before the law and entitled to equal protection.
3. Access to justice: this is where individuals should have the ability to seek and obtain justice through the legal system.
4. Redress: this is where the law should provide remedies for wrongs and enforce rights.

LAW AND FREEDOM

Law and freedom have a complex relationship. While laws are necessary to ensure order and protect rights, they can also restrict freedoms. The balance between law and freedom is crucial for a just society. See section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which guarantees the right to personal liberty and outlines the conditions under which it can be restricted and the case of Olisa Agbakoba v. Director, State Security Service (1994) 6 NWLR (Pt. 351) 475 which discusses the balance between national security and individual freedom. The balance between law and freedom includes the following;

1. Protection of rights: this is where laws protect individual rights and freedoms.
2. Restriction for order: this is where certain freedoms may be restricted to maintain public order and safety.
3. Due process: this is where laws must ensure that restrictions on freedom are applied fairly and justly.

LAW AND THE STATE

The state uses law as a tool to govern its people, maintain order, and provide public services. Law defines the relationship between the state and its citizens and establishes the framework for governance. See section 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which defines the legislative powers of the state and the case of A.G. Ondo State v. A.G. Federation (2002) 9 NWLR (Pt.772) 222 which addresses the distribution of powers between different levels of government. The role of law in the state includes the following;

1. Governance: this is where laws provide the framework for political governance and the functioning of state institutions.
2. Order and security: this is where laws ensure public order and safety.
3. Regulation: this is where laws regulate economic activities, social behavior, and public services.

LAW AND SOVEREIGNTY

Sovereignty refers to the ultimate authority of the state to govern itself and make its own laws. Law expresses the sovereignty of the state by establishing its legal authority and the supremacy of its legal system. See section 1(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which establishes the supremacy of the Constitution over any other law and the case of Madukolu v. Nkemdilim (1962) 2 SCNLR 341 which underscores the concept of legal sovereignty and the supremacy of the Constitution. The aspects of sovereignty includes the following;

1. Legal authority: this is where the state has the authority to create and enforce laws.
2. Independence: this is where the state operates independently of external influence in its legal matters.
3. Supremacy: this is where the laws of the state are supreme within its territory.

TYPES OF LAW

Law can be classified into various categories based on its source, function, and application. The main types include the following:

1. Public law: this type of law governs the relationship between individuals and the state. It includes constitutional law, administrative law and criminal law. See the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Criminal Code Act, and the case of Federal Civil Service Commission v. Laoye (1989) 2 NWLR (Pt.106) 652.
2. Private law: this type of law governs the relationships between individuals and organizations. It includes contract law, tort law, and property law. See the case of Carlill v. Carbolic Smoke Ball Co. (1893) 1 QB 256 and the case of Donoghue v. Stevenson (1932) AC 562 and see also the Land Use Act 1978.
3. International law: this type of law governs relationships between sovereign states and international entities. See the Vienna Convention on Diplomatic Relations 1961.
4. Customary law: this type of law is derived from customs and traditions of a community. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt.137) 182.
5. Religious law: this type of law is based on religious doctrines and texts. See the Sharia Law as applicable in Northern Nigeria.

CONCLUSION

These notes provide an overview of the fundamental concepts of law and its various intersections with society, state, and individual rights, along with relevant Nigerian cases and sections to illustrate these concepts.