Kara Sears
Nigeria has a mixed legal system, which includes common law, English law, customary law, and Sharia law. Common law is a system based on rules and doctrines developed over time by judges, which have now formed precedents that are often binding. Common law is practiced in countries like the United States of America and the United Kingdom, and in many other African countries colonized by Britain, including Nigeria. Nigeria's courts apply an adversarial or accusatorial system, where the judge is to be an unbiased umpire and both parties present their cases without assistance or inquisition by the judge.
| Characteristics | Values |
|---|---|
| Type of law | Common law, English law, Sharia law, Customary law |
| Basis of common law | Rules and doctrines developed by judges over time |
| Hierarchy of courts | Yes |
| Judicial precedence | Yes |
| Type of court system | Adversarial or accusatorial |
| Highest court | Supreme Court of Nigeria |
| Next highest court | Court of Appeal |
| Number of divisions of Court of Appeal | 20 |
| Number of states with Sharia law | 12 |
| Constitution | Established on 29 May 1999 |
| Influence of military | Yes |
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What You'll Learn
Nigeria's mixed legal system
Nigeria has a mixed legal system, which includes English law, common law, customary law, and Sharia law. The Nigerian Constitution of 1999 is the supreme law of the country, prevailing over all other sources.
English law in Nigeria is a remnant of its colonial past. Common law, on the other hand, is a system based on rules and doctrines developed over time by judges, forming precedents that are often binding. Common law is practiced in several countries, including the US and the UK, and Nigeria, which was colonized by Britain, practices this system as well. The common law system is in contrast to civil law, where the laws are codified, and the judiciary practices an inquisitorial system where judges can inquire into the facts of a case. In the common law system, judges are expected to remain unbiased and both parties are to present their cases without assistance from the judge.
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. Customary law is often applied to members of ethnic groups, particularly concerning personal and family matters.
Sharia law, or Islamic law, has been a part of the various Nigerian constitutions since the country's independence. The most recent constitution came into effect in 1999, and since then, several predominantly Muslim northern states have instituted full Sharia law. The principal feature of this is the introduction of religion-based criminal offenses and punishments sanctioned by the Quran.
The Nigerian court system consists of the Supreme Court, Court of Appeal, High Courts, Customary-Sharia courts of appeal, and district courts, both state and customary. The highest court of the land is the Supreme Court of Nigeria, and the next highest court is the Court of Appeal, which has multiple divisions (currently twenty) across the country. The Federal Court of Appeal is where the multiple legal systems (English, Customary, and Sharia) of Nigeria converge.
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English common law
Nigeria is a common law country. The common law system, also known as English common law, is a legal system that originated in England and was spread to its colonies, including Nigeria. It is a system based on rules and doctrines developed over time by judges, forming precedents that are often binding. This is in contrast to civil law, where laws are codified and judges are allowed to inquire into the facts of a case.
Common law is characterised by its emphasis on judicial precedents, where decisions made by judges in previous cases are considered binding in future similar cases. This creates an organised hierarchy of courts to enable the practice of judicial precedence. In contrast, civil law countries do not follow judicial precedents, and their courts practice an inquisitorial system where judges are allowed to actively inquire into the facts of a case.
In Nigeria, the common law system coexists with other legal systems, including English law, customary law, and Sharia law. The Nigerian legal system has been influenced by its colonial past, with English law being derived from colonial rule, and the Nigerian Criminal Code being introduced by British High Commissioner Frederick Lugard in 1904. The country's highest court is the Supreme Court of Nigeria, which adheres to the accusatorial system characteristic of common law, where judges act as unbiased umpires.
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Sharia law
Nigeria practices the common law system, which was inherited from its colonial past under Britain. The common law system is based on rules and doctrines developed over time by judges, which have now formed precedents that are often binding.
Sharia judges are known as Alkalis and are learned in both Islamic and secular laws. Sentences handed down by Alkalis in Sharia courts include floggings, amputations, and the death penalty. For example, in 2011, several women in Kano were arrested by the Hisbah for allegedly planning a same-sex wedding. They were fined by the Sharia court under the state's Immoral Acts law. In another case, a man convicted of murdering a woman and her two children was hanged to death in 2002.
The implementation of Sharia law in Nigeria has been controversial. Critics argue that it violates Article 10 of the Nigerian Constitution, which guarantees religious freedom. There have been numerous riots over the implementation of Sharia, primarily involving non-Muslim minorities in the states that implemented the system.
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Customary law
Nigeria has four distinct legal systems: English law, common law, customary law, and Islamic law (also known as Sharia law). 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. It is the oldest source of law in the country, existing before Nigeria was formed and before the British arrived.
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The Nigerian Constitution
Nigeria has had many constitutions throughout its history, with its most recent one coming into effect on 29 May 1999, establishing the Fourth Nigerian Republic. This constitution defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria. It also outlines the fundamental rights of individuals, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. Nigerians also have the right to own land, assemble, and move freely. The constitution protects four laws: the Land Use Act, the National Securities Agencies Act, the National Youth Service legislation, and the Public Complaints Commission Act.
The country's first constitution as a sovereign state was enacted on 1 October 1960, coinciding with its independence from Great Britain. This constitution retained Queen Elizabeth II as the titular head of state, with Nnamdi Azikiwe serving as Governor-General. The second constitution, enacted on 1 October 1963, abolished the monarchy and established the First Nigerian Republic, with Nnamdi Azikiwe as the first President. The 1979 constitution, which established the Second Nigerian Republic, abandoned the Westminster system in favour of a United States-style presidential system with direct elections.
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Frequently asked questions
Yes, Nigeria is a common-law country.
Common law is a system based on rules and doctrines developed over time by judges, which have now formed precedents that are often binding.
Nigeria has a mixed legal system, which includes English law, Sharia law, and customary law.
Civil law developed from Rome and involves the judiciary practicing an inquisitorial system, where they can inquire into the facts of a case. Common law, on the other hand, is based on the English system, emphasising judicial precedents, and judges are expected to remain unbiased.
The highest court in Nigeria is the Supreme Court.
