UNIT 2

FUNCTIONS OF LAW IN SOCIETY

Law serves several essential functions in society, acting as a framework within which a society operates. These functions includes the following:

1. Maintenance of order: this is where law provides a set of rules and standards to prevent chaos and disorder. By establishing guidelines for acceptable behavior, law helps to maintain public order. For example, criminal laws prohibit acts like theft and assault, thereby maintaining societal order. See the case of Efe v. State (1988) 3 NWLR (Pt. 84) 599 which underscores the importance of criminal law in maintaining public order by punishing offenders.
2. Resolution of disputes: this is where law provides mechanisms for resolving disputes between individuals, organizations, and governments. Courts and tribunals adjudicate conflicts, ensuring that justice is served. See the case of Onagoruwa v. I.G.P. (1991) 5 NWLR (Pt. 193) 593 which highlights the role of courts in resolving disputes and ensuring justice.
3. Protection of rights and liberties: this is where law safeguards individual rights and liberties by providing legal remedies when rights are infringed upon. Constitutional provisions protect fundamental human rights. See section 33-46 of the 1999 Constitution of the Federal Republic of Nigeria which provide sections that enshrine fundamental human rights such as the right to life, freedom of speech, and the right to fair hearing.
4. Eestablishing standards: this is where laws set standards for various aspects of life, including business, education, and healthcare. These standards help to ensure quality and safety in different sectors. See the Companies and Allied Matters Act (CAMA) 2020 which establishes standards for business operations and corporate governance in Nigeria.
5. Promotional of social justice: this is where law promotes social justice by addressing inequalities and providing a framework for social welfare programs. It ensures that vulnerable groups are protected and supported. See the Labour Act Cap L1 LFN 2004 which protects workers' rights and promotes fair labor practices.

CLASSIFICATIONS OF LAW

Law can be classified in various ways to understand its application and scope better. The main classifications includes the following:

1. Public law and private law: where public law governs the relationship between individuals and the state and includes constitutional law, administrative law, and criminal law. Private law governs relationships between individuals and organizations and includes contract law, tort law, property law, and family law. See the Constitution of the Federal Republic of Nigeria 1999 (as amended) which governs the framework of government and the relationship between the state and individuals and the Nigerian Contract Act 1990 which regulates contractual agreements between parties.
2. Substantive law and procedural law: where substantive law defines rights and duties, such as laws against theft or breach of contract. Procedural law provides the process for enforcing legal rights and duties. It includes rules on how a lawsuit is initiated, conducted, and resolved. See the Criminal Code Act Cap C38 LFN 2004 which defines various offenses and their punishments and the Civil Procedure Rules that guides the procedures for civil litigation in Nigeria.
3. Civil law and criminal law: where civil law deals with disputes between individuals or organizations, often involving compensation or specific performance. Criminal law deals with offenses against the state, prescribing punishments for offenders. See the case of Oluwo v. Adeyemi (2010) LPELR-3928(CA) which is a civil law case involving land disputes and the Penal Code (Northern States) Federal Provisions Act which governs criminal offenses in Northern Nigeria.

THE NIGERIAN LEGAL SYSTEM

The Nigerian legal system is based on a combination of customary law, common law, and statutory law. The key components includes the following:

1. Constitution: The Constitution is the supreme law of the land, and all other laws derive their authority from it. See the Constitution of the Federal Republic of Nigeria 1999 (as amended) which is the supreme law governing Nigeria.
2. Legislation: Legislation includes laws passed by the National Assembly and State Houses of Assembly. See the National Assembly Act which is an example of legislation passed by the federal legislative body.
3. Case law: Case law comprises judicial decisions that interpret and apply statutes and principles of law. These decisions serve as precedents for future cases. See the case of Adegbenro v. Akintola (1963) 3 SCNLR 80 which is an important case interpreting constitutional provisions.
4. Customary law: Customary law consists of traditional norms and practices recognized and enforced by the courts, provided they are not repugnant to natural justice, equity, and good conscience. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182 which applies customary law in resolving a dispute.
5. International law: International law includes treaties and conventions that Nigeria has ratified, which influence domestic law. See the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act Cap A9 LFN 2004 which is an example of international law incorporated into Nigerian law.

THE DOCTRINE OF SEPARATION OF POWERS

The doctrine of separation of powers is a fundamental principle that divides government powers into three branches: the legislature, the executive, and the judiciary. Each branch functions independently and checks and balances the others. They include the following;

1. Legislature: The legislature is responsible for making laws. See the Constitution of the Federal Republic of Nigeria 1999 under section 4 which grants legislative powers to the National Assembly.
2. Executive: The executive is responsible for implementing and enforcing laws. See the Constitution of the Federal Republic of Nigeria 1999 under section 5 which grants executive powers to the President and Governors.
3. Judiciary: The judiciary interprets laws and adjudicates legal disputes. See the Constitution of the Federal Republic of Nigeria 1999 under section 6 which grants judicial powers to the courts and the case of Lakanmi v. Attorney General (Western Region) (1971) UILR 201 which highlights the importance of judicial independence and the separation of powers.

THE RULE OF LAW

The rule of law is the principle that all individuals and institutions are subject to and accountable to law that is fairly applied and enforced. Key aspects includes the following:

1. Supremacy of the law: this is where the law is supreme, and everyone must obey it, regardless of status or position. See the case of Attorney General Lagos State v. Attorney General Federation (2004) 18 NWLR (Pt. 904) 1 which demonstrates the supremacy of the law over all persons and authorities.
2. Equality before the law: this is where everyone is equal before the law and has the right to equal protection and benefit of the law. See section 17(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 which ensures equality before the law.
3. Fairness in the application of the law: this is where the law must be applied impartially and without bias. See the case of Mohammed v. State (1999) 8 NWLR (Pt. 616) 528 which emphasizes the need for fairness in legal proceedings.
4. Judicial Independence: this is where the judiciary must be independent to ensure fair and unbiased interpretation and application of the law. See section 6(1) of the Constitution of the Federal Republic of Nigeria 1999 which ensures the independence of the judiciary and the case of Lakanmi v. Attorney General (Western Region) (1971) UILR 201 which highlights the significance of an independent judiciary in upholding the rule of law.

CONCLUSION

These notes provide a comprehensive overview of the functions of law in society, classifications of law, the Nigerian legal system, the doctrine of separation of powers, and the rule of law, including relevant Nigerian cases and sections.