UNIT 3

LEGISLATION AS A SOURCE OF LAW

Legislation refers to laws that have been enacted by a body with the authority to legislate, typically a parliament or legislature. In Nigeria, legislation is a primary source of law, and it takes precedence over other sources of law where conflicts arise. See the case of A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt. 763) 264 which highlighted the supremacy of the Constitution over other forms of legislation and the case of F.R.N. v. Ifegwu (2003) 15 NWLR (Pt. 842) 113 which emphasized the binding nature of legislation.

TYPES OF LEGISLATION

1. Primary legislation: This includes Acts of the National Assembly and Laws of State Houses of Assembly. It includes;
   
   1. The Constitution of the Federal Republic of Nigeria 1999 (as amended) which is the supreme law of the land.
   2. Criminal Code Act (Cap C38, LFN 2004) which governs criminal law in the Southern states of Nigeria.
   3. Penal Code Law (Cap P3, LFN 2004) which governs criminal law in the Northern states of Nigeria.
2. Delegated legislation: This refers to laws made by individuals or bodies under powers given to them by an Act of the legislature. Examples include the following;
   
   1. Regulations: Such as those made by government ministers.
   2. By-laws: Such as those made by local government councils.

PROCESS OF LEGISLATION

The process of passing legislation in Nigeria involves several stages and it includes:

1. First reading: this is the introduction of the bill to the legislature.
2. Second reading: this is where the general principles of the bill are debated.
3. Committee stage: this is where the detailed examination, amendment, and discussion of the bill is done.
4. Report stage: this is where further consideration and potential amendments is also done.
5. Third reading: this is where the final consideration and debate is done.
6. Assent: this is where the bill is sent to the President or Governor for assent to become law.

CUSTOM AS A SOURCE OF LAW

Customary law refers to the traditional norms and practices that govern the behavior of a particular community. In Nigeria, customary law is recognized and applied, especially in matters of personal law such as marriage, inheritance, and land tenure. Customary law must be proven in court unless it is judicially noticed, that is, whether the custom is valid and recognized and whether the custom applies to the case at hand. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182 where the court held that customary law must not be repugnant to natural justice, equity, and good conscience and the case of Eshugbayi Eleko v. Government of Nigeria (1931) AC 662 which established the principle that a customary law must be proved to exist by evidence.

CHARACTERISTICS OF CUSTOMARY LAW

1. Traditional acceptance: this is where the custom must be generally accepted by the community.
2. Reasonableness: this is where the custom must be reasonable.
3. Consistency: this is where the custom must be consistent with other recognized customs and not contrary to public policy or natural justice.

JUDICIAL PRECEDENTS AS A SOURCE OF LAW

Judicial precedent, also known as case law or stare decisis, refers to the practice of courts following previously decided cases where the facts are sufficiently similar. It ensures consistency and predictability in the law. A higher court can overrule a precedent set by a lower court if it believes the decision was wrong and a court may refuse to follow a precedent if it finds the facts of the case are different. Binding Precedent are decisions from higher courts that lower courts must follow and Persuasive Precedent are decisions that are not binding but may influence the court.

DOCTRINE OF STARE DECISIS

The doctrine of stare decisis operates on two levels, that is the Vertical Stare Decisis where lower courts are bound by the decisions of higher courts and Horizontal Stare Decisis where courts should follow their own previous decisions unless there is a strong reason not to. See the case of Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt. 107) 250 which reinforced the principle of stare decisis and the case of Bucknor-Maclean v. Inlaks Ltd. (1980) 8-11 SC 1 where the Supreme Court held that lower courts are bound by the decisions of higher courts.

CONCLUSION

These three sources of law—legislation, custom, and judicial precedents play a crucial role in the Nigerian legal system, ensuring that the law is comprehensive, culturally relevant, and consistently applied.