UNIT 1

IDEA OF LAW

The concept of law is multifaceted and has been defined in various ways by scholars and legal philosophers. Generally, law can be seen as a set of rules and guidelines which are enforced through social or governmental institutions to regulate behavior. Its primary purpose is to maintain order, resolve disputes, protect liberties and rights, and establish standards for the community. See section 1(1) of the Nigerian Constitution (1999) which declares the supremacy of the Constitution and that any law inconsistent with it shall be void and also the case of Madukolu v. Nkemdilim (1962) where the court established the principle that for a court to have jurisdiction, the case must be properly constituted.

CHARACTERISTICS OF LAW

1. Normative: This is where law prescribes behaviors and sets standards for what is considered acceptable in society.
2. Coercive: This is where law is backed by the threat of sanctions or punishment to ensure compliance.
3. Systematic: This is where law is organized into a coherent system of rules.
4. Public: This is where law is generally made known to the public and must be accessible for it to be effective.

FUNCTIONS OF LAW

1. Maintenance of public order: this is where laws prevent anarchy by establishing a framework for resolving conflicts.
2. Protection of individual rights and liberties: this is where laws safeguard personal freedoms and property.
3. Establishment of standards: this is where laws provide a basis for expectations in various aspects of life, including commerce, family, and labor.
4. Promotion of social justice: this is where laws aim to address social inequalities and promote fair treatment.

POSITIVIST SCHOOL OF THOUGHT

Legal positivism is a school of thought that emphasizes the conventional nature of law—that it is created by human beings and not derived from morality. According to positivists, law is a set of rules established by a sovereign authority and is distinct from ethical norms. See the case of Oluwole v. Lagos State Government (1983) where the court highlighted the enforcement of regulations as laid down by the government, irrespective of moral considerations.

KEY PRINCIPLES OF LEGAL POSITIVISM

1. Separation of law and morality: this is where law is not necessarily moral or just. Its validity is not dependent on its moral value.
2. Social facts: this is where law is based on social facts and is determined by the actions and decisions of lawmakers.
3. Sovereignty: this is where law is made by a recognized authority within a society.

PROMINENT THINKERS

1. John Austin: this is who proposed the command theory of law, where law is a command issued by the sovereign and backed by sanctions.
2. H.L.A. Hart: this is who critiqued Austin’s theory and introduced the concept of primary and secondary rules.

OTHER SCHOOLS OF THOUGHT

1. Natural law school: Natural law theory posits that law is based on moral principles inherent in human nature and discoverable through reason. It emphasizes that laws must align with moral values to be valid. See the case of Aoko v. Fagbemi (1961) where the court dealt with moral principles in the context of adultery, highlighting natural law principles.
2. Realist school: this talks about legal realism which argues that law is not a set of abstract rules but is shaped by social, economic, and political factors. Realists believe that judges’ decisions are influenced by personal biases and external pressures.
3. Sociological school: The sociological school views law as a social institution that interacts with other societal elements. It focuses on the social functions of law and its impact on society.
4. Marxist theory: Marxist theory sees law as an instrument of oppression used by the ruling class to maintain its dominance. It emphasizes the role of law in perpetuating class inequalities.

NIGERIA LEGAL SYSTEM UNDER THE MILITARY RULE

Military rule in Nigeria brought about significant changes to the legal system, characterized by the suspension of parts of the Constitution and the introduction of military decrees. See the case of Lakanmi v. AG Western Nigeria (1971) where the court dealt with the retroactive application of decrees and their impact on fundamental rights and see also the Public Officers (Special Provisions) Decree No. 17 of 1984 which allowed for the dismissal and trial of public officers without recourse to the courts.

CHARACTERISTICS OF MILITARY RULE

1. Centralization of power: the military regimes centralized legislative, executive, and judicial powers.
2. Decrees and edicts: the laws were promulgated through decrees (federal) and edicts (state), which often bypassed the regular legislative process.
3. Suspension of the constitution: this is where certain provisions of the Constitution were suspended, particularly those relating to fundamental rights.

IMPACT ON THE LEGAL SYSTEM

1. Autocracy: this is where the rule of law was often undermined, and the judiciary's independence was compromised.
2. Human rights violations: there were numerous instances of human rights abuses, including unlawful detentions and suppression of dissent.
3. Economic policies: the military regimes implemented various economic policies through decrees, affecting property rights and commercial transactions.

CONCLUSION

The Nigerian legal system under military rule was marked by significant deviations from democratic principles, with lasting impacts on the country's legal and political landscape.