LEGAL METHOD

UNIT 4

  • SOURCES OF LAW
  • SECONDARY SOURCES OF LAW
  • USE OF SOURCE MATERIALS

SOURCES OF LAW

Sources of law refer to the origins from which legal rules and principles are derived. In Nigeria, the sources of law are multifaceted, drawing from a blend of indigenous and external influences. The main sources of law in Nigeria include the following:

  1. The constitution: The Constitution is the supreme law of the land. It establishes the framework for governance and outlines the rights and duties of citizens. The current Constitution is the 1999 Constitution of the Federal Republic of Nigeria (as amended). It overrides any other law in case of conflict. See section 1(1) and (3) of the 1999 Constitution which states that "This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria." See also the case of Attorney-General of Lagos State v. Attorney-General of the Federation (2003) 12 NWLR (Pt. 833) 1 where the Supreme Court affirmed the supremacy of the Constitution over other laws.
  2. Legislation: Legislation consists of laws enacted by the legislative arm of government. It includes Acts of the National Assembly, Laws of State Houses of Assembly, and subsidiary legislation made by persons or bodies under powers conferred by an Act. See section 4 of the 1999 Constitution which empowers the National Assembly to make laws for the peace, order, and good governance of the federation and section 5 of the 1999 Constitution which empowers the State Houses of Assembly to make laws for their respective states. See also the case of A.G. Ogun State v. Aberuagba (1985) 1 NWLR (Pt. 3) 395 where the Supreme Court clarified the scope of legislative powers of the National Assembly and State Houses of Assembly.
  3. Judicial precedents: Judicial precedents, or case law, are previous court decisions that guide subsequent cases with similar facts or issues. The principle of stare decisis ensures consistency and predictability in the law. See section 6 of the 1999 Constitution which establishes the judiciary and empowers it to interpret the law and the case of Osho v. Ape (1998) 8 NWLR (Pt. 562) 492 where the court emphasized the importance of adhering to judicial precedents.
  4. Customary law: Customary law consists of customs and traditions accepted as legal requirements or obligatory rules of conduct within a particular community. Customary laws are recognized by the courts, provided they are not repugnant to natural justice, equity, and good conscience. See section 21(1) of the Evidence Act 2011 which provides for the admissibility of customary law and the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182 where the court upheld the application of customary law in the determination of land ownership.
  5. Islamic law: Islamic law, or Sharia law, is applicable in some states in Northern Nigeria. It is based on the Quran and the Hadith and applies primarily in personal law matters such as marriage, divorce, and inheritance. See section 277 of the 1999 Constitution which establishes the Sharia Court of Appeal for states that require it and the case of Alkamawa v. Bello (1998) 6 SCNJ 127 where the Supreme Court recognized the application of Islamic law in matters of personal status.

SECONDARY SOURCES OF LAW

Secondary sources of law are materials that explain, interpret, or analyze primary sources of law. They are not binding but are highly persuasive and useful for understanding and applying the law. The main secondary sources include the following:

  1. Legal textbooks: Legal textbooks provide comprehensive commentary and analysis on various areas of law. They are written by legal scholars and practitioners and serve as valuable reference materials. See Aguda, T.A. "Principles of Practice and Procedure in Civil Actions in the High Courts of Nigeria."
  2. Law report: Law reports compile decisions of the courts, especially those of the higher courts. They are essential for research and citation in legal arguments. See the Nigerian Weekly Law Reports (NWLR) which is a leading law report series in Nigeria.
  3. Legal periodicals: Legal periodicals, such as journals and reviews, publish articles, case comments, and notes on current legal issues, developments, and reforms. See the Nigerian Bar Journal which is a publication of the Nigerian Bar Association.
  4. Encyclopedias and dictionaries: Legal encyclopedias and dictionaries provide definitions, explanations, and overviews of legal terms and concepts. See the Black's Law Dictionary which is a widely used legal dictionary in Nigeria.

USE OF SOURCE MATERIALS

The use of source materials in legal practice and research is crucial for accurate and effective legal reasoning. Proper use of source materials involves the following:

  1. Citation and referencing: Accurate citation and referencing of legal sources ensure credibility and allow readers to verify information. Nigerian courts and legal practitioners follow specific citation guidelines. See The Bluebook where a Uniform System of Citation is often adapted for Nigerian legal citations.
  2. Legal research: Legal research involves identifying and retrieving relevant legal sources to support legal arguments, prepare cases, and advise clients. It requires a thorough understanding of both primary and secondary sources. See the case of Adeleke v. Oyo State House of Assembly (2006) 16 NWLR (Pt. 1006) 608 which highlighted the importance of comprehensive legal research in judicial decisions.
  3. Interpretation and analysis: Interpreting and analyzing legal sources involve understanding the context, purpose, and implications of the law. Lawyers and judges must critically assess how to apply legal principles to specific facts and issues. See section 2 of the Interpretation Act which provides guidelines for interpreting statutes in Nigeria.
  4. Updating the law: The law is dynamic, and staying updated with recent developments, amendments, and judicial interpretations is essential. Legal practitioners regularly consult current editions of law reports, statutes, and legal periodicals. See the case of Attorney-General of the Federation v. Abubakar (2007) 10 NWLR (Pt. 1041) 1 which demonstrated the need for current knowledge of legal developments in court rulings.

CONCLUSION

In conclusion, understanding the sources of law, secondary sources of law, and the proper use of source materials is fundamental to legal practice in Nigeria. These elements ensure the law is applied consistently, fairly, and accurately, thereby upholding justice and the rule of law.