UNIT 5

THE PROVINCE OF NATURAL LAW

Natural law refers to a body of unwritten laws derived from nature and reason, guiding human conduct and societal governance. It is founded on the principle that certain rights and moral values are inherent in human beings and can be understood through human reason. This concept predates written laws and statutory frameworks, suggesting that law should reflect inherent moral principles universally recognized by humanity. In Nigeria, natural law principles often influence judicial decisions, particularly in cases where statutory laws may be silent or ambiguous. Judges sometimes invoke natural law to justify decisions that align with universal moral principles. See the case of Alhaji Ila Alkamawa v. Alhaji Hassan Bello & Anor (1998) 6 SCNJ 127 where the Supreme Court of Nigeria acknowledged the application of natural justice principles, emphasizing fairness and equity in adjudication. Key principles of natural law includes the following;

1. Inherence: this is where rights and moral values exist inherently within human nature, not granted by human-made laws.
2. Universality: these principles apply universally to all human beings, regardless of culture or location.
3. Rationality: this is where human reason can discern these principles through logical and ethical thinking.
4. Morality: this is where natural law is intrinsically linked to moral values and ethics, emphasizing what is inherently right or wrong.

HISTORICAL ODYSSEY OF NATURAL LAW

Natural law theory has ancient roots, tracing back to Greek and Roman philosophers where Aristotle emphasized natural justice as a form of political justice, derived from nature and Cicero argued that true law is right reason in agreement with nature, immutable and eternal. During the medieval period, natural law was integrated into Christian theology. St. Thomas Aquinas is a pivotal figure which integrated Aristotle's ideas with Christian doctrine, arguing that natural law is part of divine law, accessible through human reason. However, the renaissance and enlightenment periods saw a revival and expansion of natural law theories and Hugo Grotius argued that natural law would hold even if there were no God, emphasizing its rational basis but John Locke proposed that natural rights to life, liberty, and property are fundamental and should guide the formation of governments and laws. In modern times, natural law principles continue to influence legal thought, particularly in human rights and constitutional law. See the Nigerian Constitution which reflects natural law principles in its protection of fundamental human rights (See Chapter IV of the 1999 Constitution).

CRITICISMS OF NATURAL LAW

See the case of Olafisoye v. Federal Republic of Nigeria (2004) 4 NWLR (Pt. 864) 580 which highlighted the tension between statutory provisions and principles of natural justice. Natural law theory has faced various criticisms:

1. Subjectivity: this is where critics argue that what is considered 'natural' or 'moral' can be subjective and vary across cultures.
2. Impracticality: this is where some contend that natural law's abstract principles may be impractical in concrete legal situations.
3. Conflict with positive law: this is when there can be conflicts between natural law and statutory laws, leading to legal uncertainties.

NATURAL LAW AND HUMAN RIGHTS

Natural law has significantly influenced the development of human rights law. The idea that certain rights are inherent to human beings underpins modern human rights frameworks. See the Fundamental Rights (Enforcement Procedure) Rules 2009 which are designed to facilitate the enforcement of human rights, reflecting natural law principles of inherent human dignity and justice.

NATURAL LAW IN JUDICIAL DECISIONS

Judges often invoke natural law principles to interpret statutes and make equitable decisions, especially in the absence of clear statutory guidance. See the case of Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) 227 where the Supreme Court invoked principles of fairness and justice, consistent with natural law, to make its decision.

CONCLUSION

Natural law remains a foundational concept in legal philosophy, emphasizing that law should reflect inherent moral principles discoverable through human reason. Its influence is evident in human rights law, constitutional frameworks, and judicial decisions. Despite criticisms, natural law continues to provide a moral compass for legal systems worldwide, including Nigeria, ensuring that laws align with universal principles of justice and human dignity.