UNIT 1

DEFINITION OF LAW

Law is a system of rules and guidelines, usually enforced through a set of institutions, created and enforced by social or governmental institutions to regulate behavior. Law serves as a mediator of relations between people and shapes politics, economics, and society in numerous ways. According to Sir John Salmond, law is “the body of principles recognized and applied by the state in the administration of justice.”

THE NATURE OF LAW

The nature of law encompasses its characteristics, functions, and roles within society and they include the following:

1. Coercive Nature: this is where law is coercive in nature, meaning it has the power to enforce compliance through penalties or sanctions.
2. Normative Function: this is where law serves as a norm for behavior, providing standards for acceptable conduct.
3. Prescriptive Element: this is where law prescribes what individuals and entities should or should not do
4. Predictability and Certainty: this is where law provides predictability and certainty, enabling individuals to know the consequences of their actions.
5. Dynamic Nature: this is where law is dynamic and evolves to meet the changing needs and values of society.

SOURCES OF LAW

The sources of law include the following:

1. The Constitution: the Nigerian Constitution is the supreme law of the land. It establishes the structure of government, delineates the powers of various branches, and enshrines fundamental rights. Relevant sections include See sections 1(1) and 1(3) of the 1999 Constitution (as amended).
2. Legislation: the legislation are laws enacted by the legislative arm of government at both federal and state levels. Examples include the Criminal Code Act, the Penal Code, and the Companies and Allied Matters Act (CAMA).
3. Case Law (Judicial Precedents): these are decisions made by higher courts binding lower courts. See the prominent cases which include Donoghue v. Stevenson (1932) AC 562 and A.G. Federation v. A.G. Lagos State (2013) 16 NWLR (Pt. 1380) 249.
4. Customary Law: the customary laws are traditional laws practiced by various ethnic groups in Nigeria, provided they are not repugnant to natural justice, equity, and good conscience.
5. Islamic Law: the islamic laws are applicable in states that have adopted Sharia law, primarily in Northern Nigeria.
6. International Law: the international laws includes treaties, conventions, and agreements Nigeria has ratified.

HISTORICAL DEVELOPMENT OF NIGERIAN LAW

The Nigerian legal system has evolved through several phases and they include the following:

1. Pre-Colonial Era: this is the era before colonization where various ethnic groups had their own customary laws.
2. Colonial Era: the colonial era is when the british colonial rule introduced English law to Nigeria. The Supreme Court Ordinance of 1863 marked the beginning of the application of English law.
3. Post-Independence Era: this is the era after gaining independence in 1960, Nigeria began to develop its legal system, merging customary law, Islamic law, and received English law.
4. Modern Era: this era is the current legal system which is a blend of customary law, Islamic law, and statutory law, with the 1999 Constitution (as amended) serving as the supreme law.

THE IMPACT OF LAW IN THE SOCIETY

Law has a profound impact on society in various ways and they include the following:

1. Social Order: this is where law maintains social order by regulating behavior and resolving disputes.
2. Protection of Rights: this is where law protects individual rights and liberties. See chapter IV of the Nigerian Constitution which outlines fundamental human rights.
3. Economic Development: this is where law facilitates economic development by providing a framework for business operations and protecting property rights.
4. Social Change: this is where law can drive social change by reforming outdated norms and practices, such as the prohibition of discriminatory practices.
5. Justice and Equality: this is where law promotes justice and equality by ensuring that everyone is subject to the same legal standards.

THE JUDICIAL PROCESS IN NIGERIA

The judicial process ensures the rule of law is maintained, rights are protected, and justice is administered fairly and efficiently. See sections 6 of the Constitution of the Federal Republic of Nigeria (1999) which provides for judicial powers, section 232 which provides for original jurisdiction of the Supreme Court, and section 240 which provides for the Court of Appeal jurisdiction. See also the Criminal Code Act which provides sections dealing with offenses and penalties and the Companies and Allied Matters Act (CAMA) which provides sections on corporate governance and compliance. The judicial process in Nigeria involves several key elements and they include the following:

1. Court Structure: Nigeria has a hierarchical court system. The Supreme Court is the highest court, followed by the Court of Appeal, Federal and State High Courts, and lower courts like Magistrate and Customary Courts.
2. Jurisdiction: This is where courts have specific jurisdictions. For example, the Supreme Court has appellate jurisdiction, while High Courts have original jurisdiction over civil and criminal matters.
3. Litigation Process: The litigation process involves filing a suit, serving court processes, presenting evidence, and delivering judgments. Relevant rules include the High Court Civil Procedure Rules and the Criminal Procedure Act.
4. Alternative Dispute Resolution (ADR): ADR methods like arbitration, mediation, and conciliation are increasingly used to resolve disputes outside traditional court processes.
5. Enforcement of Judgements: This is where courts have mechanisms to enforce their judgments, such as garnishment orders and writs of execution.

CONCLUSION

These notes provide a comprehensive overview of the definition, nature, and sources of law, historical development of Nigerian law, the impact of law on society, and the judicial process in Nigeria. Relevant cases and statutes are cited to enhance understanding and provide concrete examples.