UNIT 3

SOURCES OF LAW

In Nigeria, the sources of law are the origins from which the rules of conduct that govern society emanate. These sources include:

1. Constitution: The Constitution is the supreme law of the land. The current Constitution is the 1999 Constitution of the Federal Republic of Nigeria (as amended). It is the fundamental law and any law inconsistent with its provisions is null and void. See the case of Attorney General of Abia State v. Attorney General of the Federation (2006) 16 NWLR (Pt. 1005) 265.
2. Legislation: These are laws enacted by the National Assembly (federal laws) and State Houses of Assembly (state laws). Legislation includes Acts, Laws, and subsidiary legislation. See the case of Federal Republic of Nigeria v. Osahon (2006) 5 NWLR (Pt. 973) 361.
3. Received english law: This includes the common law, doctrines of equity, and statutes of general application that were in force in England on January 1, 1900. See the Interpretation Act, Section 32(1).
4. Customary law: These are rules of conduct that are accepted and binding within a particular community. Customary laws must not be repugnant to natural justice, equity, and good conscience. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182.
5. Islamic law: This applies primarily in Northern Nigeria and in matters involving Muslims. It is based on the Quran and Hadith. See the case of Alkamawa v. Bello (1998) 6 NWLR (Pt. 552) 1.
6. Judicial precedents: These are decisions of superior courts (such as the Supreme Court and Court of Appeal) that serve as precedents for lower courts to follow. This is known as the doctrine of stare decisis. See the case of Dalhatu v. Turaki (2003) 15 NWLR (Pt. 843) 310.

MEANING OF STATUTE

A statute is a written law passed by a legislative body. In Nigeria, statutes are enacted by the National Assembly at the federal level and by State Houses of Assembly at the state level. Statutes are formal expressions of the will of the legislature and have binding legal force. Statutes can be classified into:

1. Acts: these are enacted by the National Assembly.
2. Laws: these are enacted by State Houses of Assembly.
3. Ordinances: these are enacted by the colonial government before independence.
4. Decrees: these are enacted by the military government at the federal level.
5. Edicts: these are enacted by the military government at the state level.

STATUTES OF GENERAL APPLICATION

Statutes of general application are laws that were in force in England on January 1, 1900, and were subsequently received into the Nigerian legal system. These statutes are applicable in Nigeria except where they have been repealed or are inconsistent with local laws. Key statutes of general application include:

1. Limitation act of 1623: this act governs the period within which legal actions can be brought.
2. Statute of frauds 1677: this act requires certain contracts to be in writing.
3. Habeas corpus act 1679: this act protects individuals from unlawful detention.
4. Bills of exchange act 1882: this act regulates negotiable instruments such as cheques and bills of exchange.

RECEIVED LAW

Received law refers to the body of English law that was adopted into the Nigerian legal system. The reception of English law into Nigeria is codified in the Interpretation Act. See section 32(1) of the Act which provides that English laws that were applicable in Nigeria before independence continue to apply unless repealed or inconsistent with local laws. This includes:

1. Common law: these are judge-made law developed through judicial decisions.
2. Doctrines of equity: these are principles developed by the Court of Chancery to address the rigidity and injustice of common law.
3. Statutes of general application: these are specific statutes that were in force in England on January 1, 1900, and adopted into Nigerian law.

CONCLUSION

These notes provide a detailed overview of the sources of law, the meaning of statute, statutes of general application, and received law in Nigeria, along with relevant cases and sections for concrete understanding.