UNIT 4

APPLICABILITY OF LEGAL SOURCES IN CONTEMPORARY AND EARLY SOCIETY

1. Customary law: In the early society, customary law is derived from the traditions and practices of indigenous communities, and played a central role in governing various aspects of life. It was flexible and evolved with societal changes and in the contemporary society, customary law still holds significance, especially in rural areas where it is recognized under the Nigerian legal system but must align with statutory and common law, particularly regarding human rights. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182.
2. Statute law: In colonial times, statutes were often imposed by colonial rulers, blending local customs with European legal principles. The introduction of written laws helped standardize legal procedures and in the contemporary society, statute law, made by legislative bodies, is the primary source of law in Nigeria which provides clear, written rules that govern various aspects of society and is essential for maintaining order and protecting rights. See the case of Attorney General of Lagos State v. Attorney General of the Federation (2003) 12 NWLR (Pt. 833) 1.
3. Common law: In the early society, common law was introduced by the British and applied in colonial courts. It was based on judicial precedents and was used to fill gaps where local laws were silent while in the contemporary society, common law continues to influence Nigerian law, especially in areas not covered by statute law where judicial precedents from higher courts guide lower courts in their decisions. See the case of Williams v. Williams (1987) 2 NWLR (Pt. 54) 66.
4. Religious law: In the early society, religious laws, such as Sharia for Muslims and Canon Law for Christians, governed personal and family matters and were respected and adhered to within respective religious communities and in the contemporary society, religious laws are still applied in personal matters, particularly in the northern states where Sharia law is part of the legal system. However, they must comply with the Nigerian Constitution. See the case of Alkamawa v. Bello (1998) 6 NWLR (Pt. 552) 1.

ANALYSIS OF FUNDAMENTAL LEGAL DUTIES

1. Rights: Rights are legal entitlements or permissions that individuals have in a society. They ensure individuals can act in certain ways or receive specific benefits. We have the Fundamental Human Rights which is guaranteed by the Nigerian Constitution, such as the right to life, freedom of speech, and freedom of movement. See sections 33-46 of the 1999 Constitution and the case of Odogu v. A.G. Federation (1996) 6 NWLR (Pt. 456) 508.
2. Duties: Duties are legal obligations imposed on individuals to act or refrain from acting in certain ways. We have positive duties which requires individuals to perform certain actions, e.g., paying taxes while negative duties requires individuals to refrain from certain actions, e.g., not committing crimes. See the case of UAC v. Macfoy (1961) 3 All E.R. 1169.
3. Liability: Liability refers to the legal responsibility for one's actions or omissions, which can result in legal consequences such as penalties or compensation. See civil liability which involves disputes between individuals or entities, e.g., breach of contract and criminal liability which involves offenses against the state or society, e.g., theft or murder. See also the case of Shell Petroleum Development Company of Nigeria Ltd v. Chief Otoko & Ors (1990) 6 NWLR (Pt. 159) 693.
4. Ownership: Ownership is the legal right to possess, use, and dispose of property. It includes both tangible and intangible assets. We have absolute ownership which is the full control over the property without restrictions and limited ownership which has restrictions on the use or disposal of property. See the case of Piaro v. Tenalo (1976) 12 SC 31.
5. Possession: Possession is the control or occupancy of property, which may or may not coincide with ownership. See actual possession which is the physical control of the property and constructive possession which is the legal rights to control property without physical possession. See also the case of Adebajo v. Brown (1990) 3 NWLR (Pt. 141) 661.
6. Personality: Personality refers to the legal recognition of an individual or entity as having rights and duties. Talking about personality, we have natural persons which are human beings with legal rights and duties and artificial persons which are entities such as corporations that are recognized by law as having rights and duties. See the case of Salomon v. Salomon & Co Ltd (1897) AC 22.
7. Liberty: Liberty refers to the freedom of individuals to act as they choose, within the bounds of the law. Liberty can be personal, which is the freedom from unlawful detention or imprisonment and it can also be political, which is the freedom to participate in political activities and express political views. See the case of Ebhomielen v. Federal Republic of Nigeria (1998) 12 NWLR (Pt. 576) 305.

CONCLUSION

These notes cover the foundational aspects of the applicability of legal sources in different societal contexts and analyze fundamental legal duties with relevant Nigerian cases and statutes.