Cameron Miranda
Nigeria has a mixed legal system that includes English common law, Sharia law, and customary law. English common law in Nigeria is derived from its colonial past, while customary law is rooted in indigenous traditional norms and cultural practices. Sharia law, also known as Islamic law, is practiced in the predominantly Muslim northern states and some other states in the country. The Nigerian legal system, therefore, has similarities to the English legal system, including an adversarial or accusatorial system where judges are expected to remain unbiased and not descend into the 'arena'.
| Characteristics | Values |
|---|---|
| Number of distinct legal systems | 4 |
| Types of legal systems | English law, Common law, Customary law, Sharia Law |
| Constitution | Established on 29 May 1999 |
| Criminal Code | Chapter 77 of Laws of the Federation of Nigeria 1990 |
| Penal Code | Chapter 89 of the Laws of Northern Nigeria 1963 |
| Court of Appeal | Court of appellate jurisdiction with original jurisdiction for election petitions |
| Federal Court of Appeal | Convergence of English, Customary and Sharia law |
| Code of Conduct Tribunal | Established by Chapter C15 Code of Conduct Bureau and Tribunal Act, No. 1 of 1989 Laws of the Federation of Nigeria, 2004 |
| Sharia Law | Used in Northern Nigeria and some other states by Muslims |
| Age of majority | 21 |
| Legal practitioners | Practice as both solicitors and barristers |
| Court system | Adversarial or accusatorial system |
| International Law | Respect for international law and treaty obligations |
| Education | Supervised by the Council of Legal Education |
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What You'll Learn
- Nigeria's legal system is a mix of civil, customary, and Islamic Sharia law
- The country's criminal code criminalises corruption but is loosely enforced
- The Nigerian legal system has unique characteristics to accommodate customary laws and past military rule
- The country's legal practitioners serve as both solicitors and barristers
- The Council of Legal Education is the supervisory body responsible for the accreditation, control, and management of legal education in Nigeria
Nigeria's legal system is a mix of civil, customary, and Islamic Sharia law
Nigeria's legal system is a mix of four distinct legal systems: English law, common law, customary law, and Islamic Sharia law. This mix of legal systems is a result of Nigeria's colonial history and the country's diverse cultural and religious traditions.
English law in Nigeria is a legacy of the country's colonial past. During the colonial period, Nigeria was ruled by the British, and English legal principles and practices were introduced and imposed on the local population. Common law, on the other hand, is a system of law that has evolved over time through judicial decisions and precedents. It is based on the idea that past decisions and precedents should guide future rulings. Common law is practiced in other common law jurisdictions, such as the United States and the United Kingdom, which Nigeria draws from due to its colonial history.
Customary law in Nigeria is derived from indigenous traditional norms and cultural practices. It includes the dispute resolution practices of pre-colonial societies and varies among different ethnic groups in the country. Customary law is often applied to personal and family matters, particularly for members of ethnic groups who follow these traditions.
Islamic Sharia law, or Islamic law, is practiced in the predominantly Muslim northern states of Nigeria. It is also applied in some states in the south of the country, such as Lagos State, Oyo State, and Kwara State, for Muslim citizens. Sharia law introduces religious-based criminal offences and punishments sanctioned by the Quran.
The Nigerian legal system accommodates these multiple legal systems through a hierarchy of courts. The Federal Court of Appeal, for example, is where English law, customary law, and Sharia law converge. This court is required to have judges versed in both customary law and Islamic personal law to handle cases from these different legal traditions. The judgements from this court can be appealed to the Supreme Court, which is the highest court in the land.
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The country's criminal code criminalises corruption but is loosely enforced
Nigeria practices common law, which is a system based on rules and doctrines developed over time by judges that have now formed precedents that are often binding. The country's criminal code, which is currently Chapter 77 of the Laws of the Federation of Nigeria 1990, criminalises corruption. However, there is a perception that this is not adequately enforced, with corruption being a severe and long-standing issue in Nigeria.
The Nigerian Criminal Code derives from the British colonial code introduced by High Commissioner Frederick Lugard in 1904, which became the Criminal Code of 1916. The Code applies only to the southern, Christian-dominated states of Nigeria. The Code of Conduct Tribunal (CCT) was established by the Chapter C15 Code of Conduct Bureau and Tribunal Act, No. 1 of 1989 Laws of the Federation of Nigeria, 2004, with a commencement date of 1 January 1991. The CCT deals with complaints of corruption by public servants and breaches of its provisions. It consists of a chairman and two other members, who are appointed by the President on the recommendation of the National Judicial Council.
Despite the existence of the CCT, corruption is pervasive in Nigeria, affecting every level of government. It is estimated that corruption within the state apparatus costs the country billions of dollars annually. This includes contract fraud, bribery, money laundering, and embezzlement. In 2012, it was estimated that Nigeria had lost over $400 billion to corruption since its independence.
The Nigerian judiciary, which is intended to be independent, has also been vulnerable to corruption. According to the Independent Corrupt Practices and Other Related Offences Commission's (ICPC) Nigeria Corruption Index study in 2020, corruption in the Nigerian justice sector was the most severe of all sectors surveyed. Judges and magistrates were found to receive the largest cash bribes, despite having limited contact with citizens.
Various forms of corruption have been identified in the Nigerian context, including extortion, nepotism, misuse of public funds, and administrative perversion. Political interference and influence on judicial outcomes is also common. While some cases of judicial corruption have been reported in the media, most are not dealt with publicly.
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The Nigerian legal system has unique characteristics to accommodate customary laws and past military rule
Nigeria has a unique legal system that accommodates customary laws and has been influenced by its past military rule. The country has four distinct legal systems: English law, common law, customary law, and Sharia Law (Islamic Law). English law is derived from colonial Nigeria, while common law developed after independence. Customary law, which is the oldest source of law in the country, is derived from indigenous traditional norms and cultural practices of various ethnic groups. It is unwritten and applicable only in civil matters. Sharia Law, on the other hand, is based on Islamic faith and is practised in the predominantly Muslim northern states and some other states.
The Nigerian legal system has been influenced by its history of military rule, which has impacted the country's transition to democracy. The Second Republic was overthrown in the 1983 coup, leading to military rule under Muhammadu Buhari until 1985. He was succeeded by Ibrahim Babangida, whose regime promised a return to democracy but ultimately lasted until 1993, when elections were annulled, and a coup led by Sani Abacha took place. Abacha's regime ended with his death in 1998, leading to a transition back to civilian rule with the 1999 presidential election.
The legacy of military rule in Nigeria has had an impact on the legal system. The military regimes promulgated and sometimes adhered to constitutions, and the current Nigerian constitution, established in 1999, is the supreme law of the country. The constitution recognises courts as either Federal or State, with judges appointed by the President or State Governors, respectively. The Federal Court of Appeal is where the multiple legal systems of Nigeria converge, and it includes judges versed in customary and Islamic law.
Customary law has unique characteristics within the Nigerian legal system. It is derived from the culture, customs, and traditions of the people and is binding upon them. There is no uniform customary law in Nigeria, and it varies among communities, even within the same ethnic group. This has posed challenges for judges, who are trained in English law and may not be familiar with all the customary laws. The Supreme Court has addressed this issue by considering customs on a case-by-case basis.
In conclusion, the Nigerian legal system has distinctive features that accommodate customary laws and reflect the influence of past military rule. The interplay between customary law, Islamic law, English law, and common law creates a complex legal landscape. The country's transition from military rule to democracy has also shaped the legal framework, with the constitution and court system bearing the imprint of this transition.
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The country's legal practitioners serve as both solicitors and barristers
Nigeria has a mixed legal system, consisting of English common law, Sharia law, and customary law. The Constitution of Nigeria, established on 29 May 1999, is the supreme law of the country. The country's legal practitioners serve as both solicitors and barristers, differing from the English legal system, where practitioners are either solicitors or barristers. Nigerian legal practitioners are admitted to the bar as solicitors and advocates of the Supreme Court of Nigeria.
The common law system in Nigeria is derived from the English system, with an emphasis on judicial precedents. Judges are expected to remain unbiased and are not expected to descend into the arena. The current legal system practised in Nigeria is largely adopted from English law, with some unique characteristics to accommodate Nigeria's customary laws and past military rule.
Customary law in Nigeria is derived from indigenous traditional norms and cultural practices, including the dispute resolution meetings of pre-colonial Yoruba land secret societies and the Èkpè and Okónkò of Igboland and Ibibioland. Sharia law, or Islamic law, is practised in the predominantly Muslim northern states of the country and in some other states by Muslims.
The Council of Legal Education is the supervisory body responsible for the accreditation, control, and management of legal education in Nigeria. The Council oversees the Nigerian Law School, which is responsible for the education and training of prospective legal practitioners. Persons wishing to study law in Nigeria must first obtain an LL.B degree from a Nigerian university before proceeding to the Nigerian Law School for practical training.
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The Council of Legal Education is the supervisory body responsible for the accreditation, control, and management of legal education in Nigeria
Nigeria practices a combination of four distinct legal systems: English law, common law, customary law, and Sharia law. English law in Nigeria is a remnant of its colonial past, while common law is a development from its post-colonial independence. Customary law, on the other hand, is derived from indigenous traditional norms and cultural practices, while Sharia law (or Islamic law) is practised in the predominantly Muslim northern states of the country.
The common law system in Nigeria is based on rules and doctrines developed over time by judges, forming precedents that are often binding. Common law countries, including Nigeria, have an organised hierarchy of courts to enable the practice of judicial precedence. In an accusatorial system like Nigeria's, the judge is to be an unbiased umpire and is never to descend into the arena. Both parties are to present their cases and prove them without any assistance or inquisition by the judge.
The Federal Court of Appeal is where the multiple legal systems (English, Customary, and Sharia) of Nigeria converge. It is constitutionally required to have at least three judges well-versed in customary law and at least three judges well-versed in Islamic personal law. Judgments from the tier 2 court can be appealed to the Supreme Court (the tier 1 court).
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Frequently asked questions
Yes, Nigeria practices common law.
Common law is a system based on rules and doctrines developed over time by judges that have now formed precedents that are often binding. Common law is practiced in countries like the United States of America, the United Kingdom, and several other countries colonized by Britain.
Nigeria has a mixed legal system comprising English law, Sharia law, and customary law.
The 1999 Constitution is the supreme law of Nigeria, prevailing over all other sources.
