UNIT 3

CUSTOMARY LAW

Customary law refers to the traditional norms, practices, and beliefs that have developed within a specific cultural or ethnic group. In Nigeria, customary law coexists with statutory law and is recognized by the Nigerian legal system, especially in matters related to family law, inheritance, and land tenure. Customary law applies mainly in rural areas and among specific ethnic groups. It is subject to the repugnancy test, which means it must not be repugnant to natural justice, equity, and good conscience. It also must not be incompatible with any existing law. The challenges of customary laws is that it sometimes conflicts with statutory law, leading to legal uncertainties and it also evolves over time, making it difficult to ascertain its current state. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182 which dealt with the application of Yoruba customary law regarding the distribution of family land and the case of Lewis v. Bankole (1908) 1 NLR 81 which addressed the principles for determining the existence and applicability of customary law. See also sections 16-18 of the Evidence Act 2011 which provide for the recognition of customary law in Nigerian courts. The sources of customary law includes the following;

1. Traditional practices and norms: These are unwritten rules that have been passed down through generations.
2. Judicial Precedents: this is where the courts often refer to previous judgments to determine the content and applicability of customary law.
3. Codifications: In some regions, aspects of customary law have been codified into written statutes.

CRIMINAL LAW

Criminal law defines offenses and prescribes punishments for those offenses. It aims to maintain public order and safety by deterring and punishing criminal behavior. Criminal law in Nigeria is derived from the English common law which was introduces during the colonial period, the Nigerian statutes such as the Criminal Code act for the Southern Nigeria and Penal Code act for the Northern Nigeria, and it also includes the Customary and Sharia laws which are applied in certain regions and for specific types of offenses. The elements of a crime are mens rea which means the intention to commit a crime and the actus reus which means the physical act of committing the crime. Crimes can also be classified into felonies which are serious offenses like murder and robbery, then misdemeanors which are less serious offenses like assault and lastly simple offenses which are minor infractions like traffic violations. See the case of Queen v. Ogodo (1961) 1 All NLR 789 which established the principle that mens rea is a crucial element of most crimes and the case of R v. Princewill (1963) 1 All NLR 49 which highlighted the need for both actus reus and mens rea in establishing criminal liability.

CIVIL PROCEDURE

Civil procedure involves the rules and processes by which civil cases are adjudicated in courts. It ensures the orderly conduct of civil litigation and the fair administration of justice. Each court in Nigeria has its own set of civil procedure rules, such as the High Court of Lagos State (Civil Procedure) Rules 2019 and the Evidence Act 2011 which governs the admissibility and use of evidence in civil trials. See the case of Ajayi v. Adebiyi (2012) 11 NWLR (Pt. 1310) 137 which emphasized the importance of jurisdiction in civil proceedings and the case of Eboh v. Akpotu (1968) 1 All NLR 220 which addressed the principles of fair hearing and the right to be heard. processes of civil procedures includes the filing of processes which are the necessary documents, the service of processes which is where these documents are served on the other party, the pre trial conference which facilitates settlements, the trial which is where there is presentation of evidence and arguments, then the judgement which is where the court would give its decision on the matter. The key aspects of civil procedure also includes the following;

1. Jurisdiction: this determines which court has the authority to hear a case.
2. Pleadings: this is the formal statements of the parties' claims and defenses.
3. Evidence: this is the presentation of facts and materials to support one's case.
4. Judgements: these are the decisions made by the court regarding the dispute.

LAW OF CONTRACT

The law of contract governs agreements between parties and ensures that promises made in contracts are legally enforceable. Contracts can be bilateral, unilateral, express or implied. See the case of Carlill v. Carbolic Smoke Ball Co. (1893) 1 QB 256 which illustrate principles of offer and acceptance and the case of Balfour v. Balfour (1919) 2 KB 571 which talks about the principle of intention to create legal relations. See also the Contract Act 1960 which governs contracts in Nigeria and the Sales of Goods Act 1893 which are applicable to contracts for the sale of goods. The essential elements of a contract includes the following;

1. Offer: this is a proposal by one party to enter into an agreement.
2. Acceptance: this is the unconditional agreement to the terms of the offer.
3. Consideration: this is something of value exchanged between the parties.
4. Intention to create legal relations: this is where parties must intend for the agreement to be legally binding.

COMMERCIAL LAW

Commercial law governs business and commercial transactions. It includes laws related to contracts, sales, agency, and companies. The principles of commercial law are good faith which is where parties must act in good faith during transactions, caveat emptor which is also known as buyer beware and it explains that the buyer would be the one responsible for checking the quality of goods before purchasing and lastly the corporate veil which is the legal distinction between a company and its shareholders. See the case of Kano State Oil & Allied Products v. Kofa Trading Co. Ltd (1996) 3 NWLR (Pt. 436) 244 which dealt with the principles of agency in commercial transactions and the case of Nigerian Bottling Company Plc v. Ngonadi (1985) 1 NWLR (Pt. 4) 739 which addressed issues related to the sale of goods and implied terms. See also the Companies and Allied Matters Act (CAMA) 2020 which governs the formation and operation of companies in Nigeria and the Sales of Goods Act 1893 which regulates the sale and purchase of goods. The key components of commercial law includes the following;

1. Contracts: these are agreements between parties in commercial transactions.
2. Sale of Goods: these are laws governing the sale and purchase of goods.
3. Agency: this is the legal relationship where one party (agent) acts on behalf of another (principal).
4. Companies: these are laws regulating the formation, operation, and dissolution of companies.

FAMILY LAW

Family law deals with matters related to family relationships, such as marriage, divorce, child custody, and inheritance.

1. Marriage: this is governed by the Marriage Act, requiring formal ceremonies and registration while also recognized under customary law, which is involving traditional rites and practices and it is also governed by Sharia law in applicable regions. See the Marriage Act (Cap M6 LFN 2004) which regulates statutory marriages.
2. Divorce: divorce is regulated by the Matrimonial Causes Act while it also based on the customs of the ethnic group. It is also governed by Sharia law under Islamic divorce. See the case of Agbaje v. Agbaje (1970) 1 All NLR 21 which addressed issues related to statutory marriage and divorce and the Matrimonial Causes Act (Cap M7 LFN 2004) which governs divorce and related matters.
3. Child custody and maintenance: this is where the primary consideration in custody decisions is the best interest of the child where maintenance can be provided through financial support for the child by the non custodial parent. See the Child Rights Act 2003 which protects the rights and welfare of children.
4. Inheritance: this is governed by the Administration of Estates Law while it can also be based on ethnic customs and practices. Under Islamic inheritance, it is governed by the Sharia law. See the case of Lewis v. Bankole (1908) 1 NLR 81which talks about inheritance under customary law.

CONCLUSION

These notes provide a comprehensive overview of the specified areas of Nigerian law, including relevant cases and statutory provisions. The information is structured to be easy to read and understand, with key points highlighted under each heading.