Introduction:

• Nigeria, until 1900, consisted of autonomous ethnic

groups, kingdoms, and emirates.

• British colonial rulers gradually brought these entities

together to form the nation of Nigeria.

Abolition of Slave Trade and Rise of Legitimate Trade:
• After the Atlantic Slave Trade abolition in 1804, British

interference in Nigerian affairs increased.

• The end of slave trade led to legitimate trade in

commodities like palm oil, cocoa, etc.

• British merchants clashed with African Middlemen, leading

to the rise of the Royal Niger Company.

Exploration of the Niger River:
• European activities initially concentrated on the coast but

expanded to northern Nigeria by the mid-19th century.

• Explorers like Mungo Park and the Lander Brothers

explored the Niger River, facilitating penetration into

northern Nigeria.
Christian Missionary Activities:
• Christian missionaries, arriving with traders and explorers,

established churches and schools, promoting Nigerian

unity.
• The United African Company transformed into the Royal

Niger Company, representing Nigeria at the Berlin West

Africa Conference (1884-85).
Colonial Conquest of Nigeria:
• British colonial conquest began with the "gunboat" actions

in Lagos (1851) and subsequent annexations.

 • Sir Frederick Lugard played a significant role in the
conquest of Northern Nigeria, overcoming resistance in
various regions.
Colonial Administration:
• After conquest, the British adopted amalgamation to unite

Nigeria.
• Nigeria was divided into provinces, divisions, and

district/native authorities for effective administration.

• In 1914, Sir Frederick Lugard amalgamated the Northern

and Southern Protectorates, forming the Colony and

Protectorate of Nigeria.
Significance of Amalgamation:
• Nigeria's name was officially adopted in 1897, signifying a

British creation.
• The artificiality of boundaries and cultural differences

highlight Nigeria as a British construct.

• The amalgamation aimed to create internal peace,

maintain law and order, and impose a common identity,

influencing Nigeria's present unity and disunity.
Colonial Administration and Unity:
• In 1904, the Southern administrators came under the same

governor (Sir Walter Egerton), later forming a united

colonial bureaucracy in the South.
• The Colony and Protectorate of Southern Nigeria was

established in 1906.
• In 1914, the Colony, Northern Protectorate, and Southern

Protectorate were amalgamated into the Colony and

Protectorate of Nigeria.
Administrative Challenges:
• Sir Frederick Lugard served as the governor-general, but

the administrative individuality of the former territories

persisted.
• Lagos Colony retained its unique legal status until 1951.

• The amalgamation maintained separate provinces in the

North and South, each administered by a lieutenant

governor.
Regional Differences:
• Different administrative systems were adopted for various

regions: Indirect Rule in the North, more direct rule in the

West, and warrant chiefs in the East.
• Sharp cultural and linguistic differences between the North

and South were perpetuated.

Nationalist Movement in Nigeria:
• The nationalist movement's history is crucial to

understanding Nigeria's path to independence in 1960.

• The movement faced challenges such as opposition from

British colonial rulers and internal divisions leading to

ethnic nationalism.
Definitions of Concepts:
• Nation: Defined as a community with shared heritage and

destiny, commanding loyalty.

• Nationalism: Characterized by excessive zeal and love for

one's nation, emphasizing cohesion and legitimacy.

• Modern nationalism in Europe had self-determination as

its foundation, while in Africa, it started as an anti-colonial

struggle.
Origin of Nigerian Nationalist Movement:
 • Examined in three phases: 19th century, 1900-1939, and
1945-1960.
• In the 19th century, resistance against colonial

encroachment was led by indigenous rulers like Jaja of

Opobo and Nana of Isekiri.
Resistance Against Western Cultural Imposition:
• Edward Wilmot Blyden, Bishop James Johnson, Mojola

Agbebi, John Payne Jackson, William Bright Davies, and

others strongly opposed attempts by Christian missionaries
to substitute Western culture for African culture and
values.
• They founded the first African Church (e.g., Aladura),

dropped English names for Nigerian names, and stopped

wearing English dresses.
• Newspapers were used to denounce British wars on

indigenous people.
Weaknesses of Early Nationalist Movements:
• Lack of proper organization and mobilization hindered

effective defense against colonial conquest.

• Movements fought on a piecemeal basis and were easily

crushed.
Period 1914-1939:
• British colonial regime imposed economic, political, and

sociocultural policies on Nigeria.

• Discrimination against Nigerians in employment, wages,

and business opportunities.

• Internal factors (lack of education opportunities) and

external factors (First World War, Garveyite and Pan Africa

 movements, Indian struggle for independence, Italo-
Ethiopian crisis) contributed to the nationalist movement.
Political Organizations:
• Peoples' Union, Lagos Ancillary of the Aborigines Right

Protection Society, Universal Negro Improvement

Association, and National Congress for British West Africa.
• These organizations agitated against colonial policies,

demanded legislative councils, appointment and

deposition of chiefs in the hands of the people, and
separation of executive from judiciary.
Nigerian National Democratic Party (NNDP) and Lagos Youth
Movement (LYM):
• Herbert Macaulay played a significant role in forming the

NNDP.
• The NNDP and LYM were important political organizations

during this period.

Universal Negro Improvement Association:
• Formed in Lagos in 1920, led by Rev. W.B. Euba and Rev.

S.M. Abiodun.
• A branch of Marcus Garvey's movement in the United

States, aimed at fighting for black civil rights.

• Faced accusations of subversive activities and did not

survive long.
Nationalist Movements in Phases:
1. 19th Century: Led by indigenous rulers resisting colonial
encroachment.
2. 1900-1939: British colonial regime imposed policies;
discrimination in various sectors; emergence of political
organizations.
 3. 1945-1960: Period following World War II, leading to the
attainment of independence in 1960.
Post-World War II Nationalist Movements:
• Post-war period saw the emergence of more radical

nationalists using newspapers to attack colonial rule.

• Factors contributing to nationalism included racial

discrimination, economic exploitation, high cost of living,

and the impact of the Second World War.
• The General Strike of 1945, led by Chief Michael Imoudu,

further fueled nationalism.

Formation of Political Parties:
• Nigerian Youth Movement crisis in 1941 led to a vacuum.

• The National Council of Nigerian Citizens (NCNC) formed in

1944, led by Herbert Macaulay and Azikiwe.

• Formation of the Zikist Movement in 1945 marked a

radical phase, leading to protests and rallies.

Macpherson Constitution of 1952:
• The constitutional conference led to the Macpherson

Constitution providing for regional self-government and a

central legislature.
• Political parties like Action Group (AG), Northern People

Congress (NPC), and NCNC formed in different regions.

• Ethnic nationalism introduced with parties representing

specific ethnic groups and regions.

Lytton Constitution of 1953:
• Chief Anthony Enahoro of Action Group moved a motion

for independence in 1956, rejected by the Northerners.

• Riots and crises followed in various regions.
 • Lytton Constitution provided for regional autonomy and a
central legislature; Premiers for regions but no Prime
Minister.
1957 Constitutional Conference:
• Regional self-government granted to Western and Eastern

Regions.
• Sir Tafawa Balewa of NPC elected Prime Minister in 1957;

Willink Commission set up to address minority issues.

• Independence for Nigeria set for 1960.

1959 General Elections:

• Coalition formed between NPC and NCNC; Sir Tafawa

Balewa became Prime Minister, Dr. Azikiwe became

Governor-General.
• Nigeria gained independence in 1960.

Conclusion:
• Nigeria gained independence in 1960 on what was

metaphorically described as a "Platter of Gold."

• The journey to independence involved a series of

constitutional conferences, the formation of political

parties, and the rise of nationalist movements.
 Chapter Two: "Culture and Arts in Pre-Colonial
Nigeria / Re-orientation of Moral and National
Values"

Introduction:
• Despite the impact of colonialism, Nigeria had its own rich

culture, lifestyle, technology, ingenuity, and creativity.

• Theatre played a crucial role in preserving the culture of

pre-Colonial Nigeria, reflecting various aspects of life.

Understanding Culture:
• Culture is a comprehensive concept encompassing arts,

beliefs, social instructions, knowledge, morals, laws,

customs, and capabilities of a community, race, or nation.
• Taylor defines culture as a complex whole involving various

aspects acquired by individuals in a society.

• Babawale sees culture as guiding people in defining,

selecting, creating, and recreating what is considered

good, valuable, or desirable in their social environment.
The Role of Theatre:
• Theatre is a complex phenomenon associated with

performer-audience transactions, extracting elements

from life as lived.
• It portrays socio-political, economic, religious, and cultural

aspects of human life, including mode of dressing,

language, and communication.
• Theatre serves as a vehicle for sustaining and preserving

the cultural heritage of pre-Colonial Nigeria.

Multiculturalism in Nigeria:
• Nigeria is a multi-ethnic country with three major ethnic

groups (Hausa, Yoruba, Igbo) and 250 ethnic groups in

total.
• The cultures of these groups have influenced each other

both positively and negatively.

The Study of Cultural Heritage:
• The cultural heritage of major ethnic groups like Yoruba,

Igbo, and Hausa, and the concerns of minority groups

about domination or marginalization, have been studied
since pre-colonial and post-colonial eras.
Interface of Culture, Arts, Civilization, and Society:
• Language is highlighted as one of the first vehicles of

civilization and arts.

• The discussion raises the question of a potential

predicament in the interface of culture, arts, civilization,

and society.
Defining Civilization and Society:
• Civilization is seen as a high level of cultural and

technological development, marked by writing and the

keeping of records. It also refers to the culture
characteristic of a particular time or place, including a state
of urban comfort.
• Society is described as an extended social group with

distinctive cultural and economic organization, while

subculture refers to a social group within a national culture
with unique patterns of behavior and beliefs.
Interplay of Culture, Society, and Civilization:
• The significance of culture, society, time, and place in

understanding civilization is emphasized. Culture is

inseparable from civilization, especially in the historical
journey of pre-colonial Nigeria.
• The erosion of cultural heritage by civilization is lamented,

highlighting the negative impact of post-colonial

modernization, urbanization, and globalization.
Role of Arts in Society:
• Arts represent expressive endeavors engaged in by a

people, encompassing creativity, sensitivity, and cultural,

societal, and historical roots.
• Artists are described as conservators and destroyers—

conserving societal values while challenging those that no

longer serve the people's interests.
Case Studies: Yoruba, Igbo, and Hausa Cultures:
• Yoruba culture is depicted as a well-organized pattern that

persisted despite modern influences. Egungun and Gelde

masquerade dramas had justice functions in pre-colonial
 society, settling disputes and reinforcing community
solidarity.
• Igbo masquerade culture is highlighted for its role in

traditional communication, music, and promotion of

indigenous identity. The masquerade is seen as a
communicant medium connecting the living and the dead,
emphasizing ancestral celebration and interaction.
• The Hausa-Fulani culture in northern Nigeria is

predominantly Muslim. The Usman Dan Fodio Jihad in the

nineteenth century shaped cultural events in the North,
leading to the development of a literary tradition with
Islamic influences.
The text continues to delve into the specific cultural practices of
Yoruba, Igbo, and Hausa societies, providing insights into their
unique traditions and the impact of civilization on their cultural
heritage.

Definition of Culture and Civilization:

• Culture is described as the set of learned behaviors,

beliefs, attitudes, values, and ideals characteristic of a

society. It is a lifelong process, learned and shared, without
which an individual would bear little resemblance to any
human being considered normal by societal standards.
• Civilization is defined as a high level of cultural and

technological development where writing and record-

keeping are attained. It is also associated with a relatively
advanced state of cultural and technological development,
urban comfort, and particular cultural characteristics.
Role of Arts in Society:
• Arts and religion are highlighted as major instruments of

socialization, countering stressful factors in life. Pre-

colonial Nigerian culture includes festivals, masquerades,
folklore, literature, music, and various craftsmanship,
serving as both vocations and entertainment.
Theatre as a Reflection of Life:
• Theatre is viewed as life itself, extracting from life as lived.

It is seen as a powerful means of interpreting ideas about

reality through various forms such as beliefs, customs,
religion, songs, dances, dress, food, and stories.
Indispensable Role of Culture and Arts:
• The theatre is regarded as indispensable for the re-

orientation of moral and national values, serving as a

mirror of human existence expressed through
performances.
• Ali Mazrui's seven functions of culture are discussed,

emphasizing its relevance for development.

Re-orientation of Moral and National Values:
• The need for re-orientation of moral and national values is

stressed, and drama, dance, and ritual are highlighted as

tools employed in the pre-colonial era for this purpose.
• Theatre is advocated as a powerful communication activity

for social mobilization and re-orientation, with examples

from the MAMSER initiative.
Culture and Corruption:
• The impact of modern technology and media on culture,

corruption, and moral decadence is explored. The

 importance of preserving cultural values in the face of
globalization is emphasized.
Conclusion and Recommendations:
• Culture and arts function as agents and channels of

preservation, education, enlightenment, and value re-

orientation in society.
• The National Orientation Agency should be empowered to

deliver on its mandate for citizen orientation. Theatre and

film should be utilized for mass mobilization, aligning
traditional values with positive cultural aspects.
• The potential for Nigerian youth to achieve more with

proper re-orientation is highlighted, drawing inspiration

from the success of other nations in preserving their
culture while embracing development.

1. Introduction to the Necessity of Law:

• The chapter begins by acknowledging the historical

skepticism towards the necessity of law, with references to

philosophers like Plato and Karl Marx. It recognizes the
existence of individuals or groups, such as anarchists or
terrorists, who resist authority as a matter of conscience.
1.1. The Necessity of Law:
• Law is deemed essential to the social nature of humans

and is considered necessary for a properly ordered society.

Despite philosophical doubts, the experience over time has
shown that law is a civilizing force, contributing to the
growth of civilization.
1.1.1. Law and Moral Standards:
 • Law exists alongside ethical and moral rules, though there
might be divergences between moral ideas in a community
and the legal rules. The belief in a "Moral Law" is
widespread, impacting people's thoughts about the
prevailing law in their society.
1.1.2. Higher Law Concept:
• There is a belief in a higher law, such as natural law or law

created by God, above individual legal systems. This belief

has had practical consequences throughout human history.
1.1.3. Definition and Purpose of Law:
• Law is defined as a rule from legitimate authority that

applies to everyone. It serves as the cement of society, an

essential medium of change, and an instrument for the
regulation of relationships. Law defines codes of conduct,
prohibits unwanted actions, and establishes rules and
regulations.
1.1.4. Law and Liberty:
• Law is closely related to liberty and can be used either as

an instrument of tyranny or as a means of safeguarding

essential freedoms in a democratic society.
1.2. Law as a Social Science:
• Law is positioned as one of the social sciences, and its

study should consider its social context. It is an instrument

through which society seeks to control, limit, or direct
social change. Law maintains the status quo, provides for
necessary change, and protects private and public
interests.
1.3. Ideal Conceptions of Society:
 • Sociological discussions of law often align with two ideal
conceptions of society: the Integration Consensus
Perspective and the Conflict Perspective.
1.3.1. Integration Consensus Perspective:
• This perspective views law as a neutral framework for

maintaining societal integration. Society is seen as

functionally integrated, stable, and held together by a
consensus of values. Social order is viewed as permanent,
with law existing to maintain order and stability.
1.3.2. Conflict Perspective:
• This perspective sees society as characterized by conflict

and dissension, held together by coercion. Order is

considered temporary and unstable, with social conflict
intrinsic to interactions. Law is viewed as a powerful
weapon in the hands of the dominant class, maintaining
social and economic order by supporting certain interests
at the expense of others.
1.3. Ideal Conceptions of Society (Continued):
• The chapter acknowledges that societies often possess a

mixed character, combining features of both the

Integration Consensus Perspective and the Conflict
Perspective.
1.4. Law and Other Social Rules: 1.4.1. Law and Custom:
• Law is distinguished from other normative orders like

custom or convention by three features: external pressures

for compliance, involvement of coercion or force, and
enforcement by individuals in official roles. 1.4.2. Habit,
Convention, Custom:
 • Habits lack social or legal compulsiveness, customs involve
socially obligatory elements, and conventions entail a
sense of duty and obligation. Conventional order lacks
specialized personnel for enforcement.
1.4.3. Customary Law:
• Customary law is described as a recurring mode of

interaction with the acknowledgment that such patterns

produce reciprocal expectations of conduct. It consists of
customs accepted as binding within a community.
1.4.4. Common Law:
• Common law, originally non-statutory and common to

England, is judge-made law and part of a sophisticated

legal tradition. It is distinct from customary law and
bridges the gap between customary law and codified
systems.
1.5. Law in Social Context: 1.5.1. The Nature of Law:
• Defining law is acknowledged as challenging, and the

term's meaning depends on the ideological stance of the

individual. Law is generally seen as a set of rules everyone
in a country or society must obey, crucial for maintaining
order in organized societies.
1.5.2. Social Engineering Function of Law:
• Law is recognized as a tool for social engineering,

addressing issues of social and economic development in a

manner that guarantees citizens a decent life. The
evolution of a national consensus on common values and
beliefs is considered essential.
1.5.3. Role of Law in Civilized Society:
 • The Supreme Court of Nigeria emphasizes that law in a
civilized society should be progressive, serving as an
engine for social engineering. Outdated legalism that
doesn't align with the times is criticized as anachronistic
and destructive to the temple of justice.

1.5.2 Characteristics of Law (Continued):

• Law's definition is dynamic due to its regulation of dynamic

social relations, making its static definition challenging.

• Law interacts with societal values, and its definition varies

with changes in economic, social, and political relations.

• Divergence in defining law has led to various schools of

thought, which will be discussed.

1.5.2.1 The Natural School:
• The Natural School believes that the values of the people

give meaning to law. It argues that moral values determine

the existence of laws, emphasizing the importance of
protecting the values it seeks to uphold. Natural law
thinking influenced the incorporation of Fundamental
Human Rights in Nigeria's constitution.
1.5.2.2 The Positivist School:
• Positivists assert that any proposition passing through

accepted media is law, irrespective of moral

considerations. Law should be seen as it is, without
considering what it ought to be. Positivism aims for
certainty and clarity, interpreting law as laid down without
moral considerations.
1.5.2.3 Nigerian Position:
 • The Nigerian legal system leans toward positivism,
emphasizing the separation of law from morality. This
orientation has been criticized for contributing to moral
decadence, corruption, and disobedience to laws.
1.5.3 Functions of Law:
• Law's functions include curbing crime, coordinating human

conduct, maintaining order, resolving disputes, preserving

the legal system, guaranteeing and ensuring freedom and
liberty, and serving as a social control mechanism.
• Criminal law enforces penalties for offenses, maintaining

peace and order.

• Social order and organization are deemed necessary for

community life, and law is integral to these aspects.

• Law acts to preserve the existing legal system, addressing

threats like war, coup attempts, or incitement against the

government.
• Fundamental Human Rights are preserved in the

constitution, emphasizing law's role in ensuring individual

freedom and liberty.
Fundamental Human Rights and Social Contract:
• Fundamental human rights are considered natural,

inherent, and God-given, which no government or majority

should deprive individuals of.
• The purpose of law includes maintaining peace, harmony,

and guaranteeing fundamental human rights.

• Philosophers propose that individuals entered into a

"social contract," giving up some natural freedoms to a

representative body (government) for the common good.
Purpose of the Social Contract:
 • The social contract aims to maintain peace and harmony
by upholding and protecting basic freedoms.
• The state of nature is described as chaotic and dangerous,

necessitating the limitation of absolute freedom through

the social contract.
• Even in modern states, exceptions are made to

fundamental human rights for the sake of maintaining

social order, peace, and security.
Law and Justice:
• Law and justice are closely linked, with courts of law often

referred to as courts of justice.

• The symbol of justice includes a woman holding a sword

and a balance, symbolizing the end goals of law and

justice.
• Without law doing justice, people might resort to self-help,

revenge, or vendetta, leading to social disharmony.

Classification of Law:
• Common Law: Originating from England, common law

comprises ancient customs, case law, and judicial

precedent. Nigeria, due to its colonial heritage, practices
common law.
• Civil Law: Governs relations among citizens and includes

laws related to contracts, property, torts, mercantile

matters, sale of goods, and more.
• Equity: In a broad sense, equity is equivalent to natural

justice and good conscience. It supplements common law

by providing new rights and remedies, mitigating its
rigidity.
 • Substantive Law: Encompasses laws that outline the rights
and obligations of individuals and entities.

e) Procedural Law:
• Definition: Deals with the procedures for enforcing legal

rights in court.
• Nature: No obligation to enforce one's right; choice given

to individuals.
• Subcategories: Legislative Procedure, Administrative

Procedure, Judicial Procedure.

• Legislative Procedure: Prescribed steps for the

passage of laws, involving the introduction of bills,

committee assignments, hearings, and voting.
• Administrative Procedure: Procedures for granting

licenses, fixing prices, providing welfare benefits, etc.

• Judicial Procedure: Guidelines for court adjudication,

evidence presentation, witness calling, and judgment

enforcement.
f) Written and Unwritten Law:
• Written Law: Found in documents like constitutions,

codes, statutes, acts, decrees, laws, ordinances; binding

and enforceable.
• Unwritten Law: Not documented but legally enforceable;

includes customary laws; flexible and subject to change

over time.
g) Public and Private Law:
• Public Law: Governs citizen-state and state-state relations;

includes criminal law, constitutional law, and international

law.
 • Private Law: Governs relations among citizens; includes
tort law, contract law, real property law, sale of goods, hire
purchase; deals with civil wrongs and remedies.
h) Criminal Law:
• Objective: Punishment for individuals committing crimes.

• Distinction from Civil Wrong: Civil wrong aims for recovery

or enforcement of rights; criminal law aims for

punishment.
• Determination: Conduct leading to criminal or civil

proceedings determines the nature (crime or civil wrong).

1.6 Anti-Social Behavior and Criminality:
1. Drug Abuse:
• Definition: Involves the misuse of chemical

substances, ranging from medicinal drugs to illegal

substances like opium, marijuana, cocaine, and
heroin.
• Causes: Peer group pressure, poverty, socio-economic

status.
2. Examination Malpractice:
• Definition: Unlawful behavior or willful act contrary to

the law with the intention to cheat or defraud in an

examination.
• Offenses: Procuring, buying, or selling examination

papers, whether false or genuine, with the intention

to unjustly pass the examination.
3. Cultism:
• Origin: Traced to the Seadog confraternity (aka

pyrates) founded by Wole Soyinka and others at the

University of Ibadan in 1952.
 • Evolution: Started as a peaceful and non-violent
confraternity but has now become a secret cult with
bizarre and violent activities.
• Causes: Peer group influence, parental background,

militarization of the Nigerian polity, lack of

recreational facilities, quest for power and protection.
• Effects: Loss of lives and properties, disruption of

academic activities, unsafe university environments.

1.6 Basic Functions of Government Organs:
• Three Organs of Government:

1. Legislature
2. Executive
3. Judiciary
• Functions:

1. Legislature: Responsible for making laws, determining

the use of public funds, and supervising government
activities. Elected representatives of the nation.
2. Executive: Implements laws and manages
government affairs.
3. Judiciary: Interprets the law, determines citizens'
rights, and adjudicates disputes.
• Legislative Functions:

1. Law-making
2. Approving public funds use
3. Supervising government activities (modern function)
• National Assembly in Nigeria:

1. Two chambers: Senate and House of Representatives.

• Modern Legislature Role:
 1. Acts as a "Watchdog" controlling and supervising
government activities.
1.7 The Executive:
• Comprises the President, Vice President, Governors,

Deputies, Cabinet, Ministries (Departments), and

governmental agencies.
• The Cabinet, composed of ministries at the federal level

and commissioners at the state level, is considered the

"nucleus" or nerve center of the government.
• Major decisions and policies are made by the cabinet.

• Government departments (ministries) and their staff (civil

servants) are responsible for implementing government

policies.
• Local government authorities conduct government

business at the grassroots level.

• Various governmental agencies, including state-controlled

public corporations, exist.

1.8 The Judiciary:
• Courts may be of first instance, appeal courts, or both,

handling civil and criminal cases.

• Adjudication is the principal function of the courts,

determining disputes according to the law.

• In civil cases, the court determines and declares rights and

grants remedies.
• In criminal cases, the court determines if an offense has

been committed and punishes the offender.

• Courts may engage in interpretation of statutes during

dispute resolution.
 • Courts also perform administrative duties, such as
administering the estate of deceased persons and
supervising guardianship of infants.
1.9 Doctrine of Separation of Powers:
• Proposed by French Jurist De Montesquieu in 1748.

• Advocates keeping legislative, executive, and judicial

powers distinct and exercised by separate entities.

• Enshrined in many constitutions, including the Nigerian

constitution of 1979.
• Strict adherence to the doctrine may not be practical or

desirable due to the need for cooperation and shared

responsibilities among the three branches of government.
1.10 Methods of Social Control Through Law:
• Organs of government keep a check on each other through

various means.
• Judiciary exercises control over the executive and

legislature.
• Judicial control involves remedies like damages,

mandamus, prohibition, habeas corpus, and injunction.

1.11 Methods of Social Control Through Law - Methods of
Dispute Resolution:
• Law is an instrument of social control, ensuring public

order and tranquility.

• Different methods include Penal, Grievance-remedial,

Private Arranging, Constitutive, Administrative regulatory,

Fiscal, and Conferral of social benefits techniques.
Penal Technique:
• Mainly in criminal law, involves creating rules to prohibit or

punish deviant behavior.

 • Involves police force, law enforcement agencies, prisons,
and other penal institutions.
• Positive effects include deterring crime and providing

protection to society.
• Negative effects include potential hardening of offenders

and the need for a comprehensive approach beyond penal

laws.
Grievance-Remedial Technique:
• Applicable in civil law, involves civil courts awarding

remedies to aggrieved parties.

• Remedies may include monetary compensation,

injunction, or specific performance.

Private Arranging and Arbitration Techniques:
• Individuals provide their private systems to deal with

disputes.
• Private Arranging enjoys advantages like secrecy,

informality, and expediency.

• Examples include contracts, gifts, marriages, clubs, and

associations.
Constitutive Technique:
• Law recognizes a group as a legal person, e.g., companies

with perpetual succession.

1.12 Methods of Dispute Resolution in Law:
• Law originated to settle disputes in society.

• Two main approaches: Adjudicatory (formal) and Non-

Adjudicatory.
• Adjudicatory method involves fact-finding by a judge and

apportioning blame.
 • Non-Adjudicatory method involves reconciliation and
conciliation (mediation and arbitration).
• Non-Adjudicatory avoids the win-lose character but may

disregard societal interests.

Introduction to Nigerian Culture:
• Nigeria is culturally diverse with over 250 ethnic groups

and 500 languages.

• Dominant ethnic groups: Hausa, Igbo, and Yoruba.

• Nigeria is the most populated Black Country and the 7th

largest globally, with about 20% of Africa's population.

Concept of Culture:
• Edward Bumette Tyler's definition: "That complex whole

which includes knowledge, belief, art, morals, law,

customs, and any other capabilities and habits acquired by
man as a member of society."
Definitions of Culture:
• "That complex whole which includes knowledge, belief,

art, morals, law, customs, and any other capabilities and

habits acquired by man as a member of society." (Tylor, Sir
Edward - Primitive Culture 1871).
Nigerian Peoples and Culture:
• Cultures vary between societies, and what is acceptable in

one may not be in another.

• Nigeria has over 250 ethnic groups and about 500

languages, with dominant groups being Hausa, Igbo, and

Yoruba.
• Nigeria is described as the most populated Black Country

and the 7th largest globally, containing about 20% of

Africa's population.
What is Culture:
• Different definitions of culture exist.

• Edward Bumette Tyler (1871): Culture is a complex whole,

including knowledge, belief, art, morals, law, customs, and

other acquired capabilities and habits.
• Kroeber and Lewis (1944): Culture is the mass of learned

and transmitted motor reactions, hat techniques, ideas,

values, and behaviors.
• Abraham W. (1962): Culture includes the whole of

knowledge, arts, science, technology, religion, morality,

ritual, literature, etiquette, and fashion.
• Margaret Mead (1962): Culture is a systematic and

integrated whole, covering art, science, religion,

philosophy, technology, political practices, and daily life
habits.
The Concept of Culture:
• In social science, culture refers to shared ways of thinking

and believing passed on from generation to generation.

• Culture distinguishes societies, is historically derived,

transmitted, dynamic, not biologically based, and acquired

through socialization.
Components of Culture:
1. Material Culture: Physical traits like tools, objects,
instruments, and technology.
2. Non-Material Culture: Non-physical traits or abstract
thought, divided into cognitive (ideas, beliefs, knowledge)
and normative (rules, norms, morals).
Cultural Terms:
 • Acculturation: Borrowing of traits from one culture by
another.
• Cultural Drift: Broad and gradual change in the values or

behavior of a population.
• Cultural Lag: Time gap between changes in material and

non-material culture.
• Culture Norm: Expectations or rules of behavior developed

from values.
• Cultural Pluralism: Coexistence of different racial or ethnic

groups with each maintaining its customs.

• Cultural Relativism: Belief that each culture must be

judged on its terms.

• Cultural Universal: Element common to all cultures.

• Cultural Value: Widely held belief or learning about what

is important to a community.
• Culture Shock: Disorientation when exposed to

fundamentally different cultures.

• Culture Trait: Smallest unit of a culture.

• Ethnic Group: Individuals sharing cultural characteristics.

• Ethnocentrism: Negative behavior using one's culture as a

standard, leading to a negative evaluation of others.

• Folk Society: Traditional societies primarily engaged in

agriculture.
Social Structures and Control:
• Folkways: Customs and habitual ways not strictly enforced,

like exchanging greetings or wearing matching shoes.

• Mores: Strict rules and guidelines with significant

implications for right or wrong, treated seriously when

violated.
 • In-Group: A group to which an individual belongs.
• Out-Group: A group to which an individual does not

belong.
• Peer Group: A group of people of the same age.

• Plural Society: A society composed of different groups.

• Ideal Culture: The ideal values and norms of a people.

• Real Culture: The norms and values people actually follow.

Social Control:
• Social Control: Mechanisms ensuring members behave as

expected.
• Positive Sanctions: Rewards for conformity.

• Negative Sanctions: Punishment for violating norms.

• Formal Reaction: From constituted authorities,

involving serious sanctions like imprisonment or

death.
• Informal Reaction: Expressions of disapproval from

family, peer group, friends, and society.

Types of Norms:
• Folkways: Common, ordinary usages and conventions of

everyday life, not strictly enforced.

• Mores: Stronger norms with greater societal importance;

violations are treated more seriously.

Arts, Culture, and Festivals in Nigeria:
• Grass Weaving: Found in Northern Nigeria, used for

making baskets, floor mats, and hand fans.

• Wood Carving: Found in Southern Nigeria, includes figures,

masks, utensils, and furniture.

• Ivory Carving: Used in offices and homes for various items.
 • Glass and Metal Works: Preserved family traditions in
Bida, including trays, bowls, and bangles.
• Leather and Calabash: Produced in various regions for

items like bags, shoes, mats, and puffs.

• Pottery: Suleja in Niger State is a well-known pottery-

making center.
• Cloth Weaving: Akwete Cloth in Abia, Aso-Oke in Oyo,

Ebira weaving in Kogi, and Adire (Tie and Dye) in Ogun.

• Festivals:

• Osun Festival: Annual ritual festival worshiping

Oshun, the wife of Sango, along the Osun River.

• Ofala Festival: Initially celebrated for bravery, now an

annual harvest festival among the Igbos.

• Sharo Festival: Among the Fulanis, an initiation rite

testing manhood through flogging, used for marriage

selection.
• Argungu Fishing Festival: Celebrated in Kebbi State,

attracting people from neighboring countries, Europe,

and Asia.
Introduction to Customary Law in Plateau State:
• No universally accepted definition of law; it defies a

concise, universal definition.

• Customary laws are largely unwritten and more flexible

compared to written laws.

• Various attempts to define law exist, describing its

functions and characteristics.

• Customary law is defined under Section 2 of the

Customary Courts in Cap 49 Revised Laws of Anambra

State of Nigeria, 1979.
Definition of Law and Customary Law:
• Law: A body of rules and regulations regulating human

conduct in society.
• Customary Law: No universally accepted definition;

defined in a case as the organic or living law of indigenous

people, regulating their lives and transactions.
Nature of Customary Law:
• Developed as populations increased and people settled in

different parts of the world.

• Communities determine rules governing their activities,

submitting themselves to the rules regarded as having the

force of law.
• Punishments for defaulters vary, including societal

rejection, corporal punishment, reprimands,

excommunication, banishment, fines, etc.
• Similarities and differences exist among cultures and

customary laws due to historical evolution, language

changes, and geographical separations.
Culture and Custom:
• Culture and custom are interchangeably used, but they

have distinct connotations.

• Culture: The way of life, habits, or practices of people

indigenous to a particular community.

• Custom: Rules regarded to have regulatory effect on the

people in a community, governing their routine and rituals.

Enforcement and Submission to Customary Law:
• Customary law is not enacted by any competent legislature

in Nigeria but is enforceable for those who submit or are

under its rule.
 • Submission to a particular customary law is necessary for
an individual to be bound by and governed by it.
• Islamic law is also a form of customary law with a wider

application across ethnic groups compared to other

customary laws.
Introduction to Plateau State:
• Plateau State is associated with the ancient Nok culture

known for iron smelting and agriculture.

• Nok culture artifacts discovered in 1928, including

terracotta figurines, stone tools, and ornaments.

• Plateau State's borders adjusted multiple times due to

colonial and administrative considerations.

• Merged with Benue to form Benue-Plateau State in 1967;

further divided in 1976, creating Plateau State.

• Plateau State, known as "The Home of Peace and Tourism,"

is geographically unique, surrounded by the Jos Plateau.

Geographical and Climate Overview:
• Located in Nigeria's middle belt with an area of 26,899

square kilometers and a population of about three million.

• Named after the Jos Plateau, characterized by captivating

rock formations and grasslands.

• Altitude ranges from 1,200 to 1,829 meters above sea

level, providing a near temperate climate.

• Tropical zone with a higher altitude results in a climate

with an average temperature of 18-22°C.

• Rich cultural heritage with over forty ethno-linguistic

groups, including indigenous tribes and settlers from other

parts of Nigeria.
 • The Ministry of Local Government and Chieftancy Affairs
coordinates traditional activities, stools, and local
governance.
Economic and Cultural Significance:
• Unique and beautiful climate conducive to the production

of various crops.
• Associated with the Nok culture, one of the earliest iron-

smelting cultures dating between 500 BC and AD 200.

• Home to the National Museum at Jos, the oldest in the

country, showcasing artifacts and traditional architecture.

• Features attractions such as Jos Wildlife Safari Park, Asop

Falls, Kura Falls, Wase Rock, and Kerang Volcanic Mountain.

• Known for the production of Swan brand spring water in

Shere Hills.
Jos Plateau Overview:
• Jos Plateau, covering about 7,770 km2 and rising to a

height of 1280 m, is located in Plateau State, Central

Nigeria.
• Jos, the capital, established in 1915 as a tin transportation

camp, later became the capital of Benue-Plateau State and

Plateau State.
• It serves as an essential administrative and commercial

center with a population of approximately 800,000.

• Historical background includes the impact of Hausa slave-

raiders during the 18th and 19th centuries.

• The region, mainly composed of granite, features

grasslands, the Gongola River, inselbergs, and split rock

formations.
• Agriculture is dense, leading to competition for land.
Cultural and Historical Influences:
• Incursions of Hausa slave-raiders influenced the peoples of

the Jos Plateau, with limited impact on some societies.

• East Kainji peoples adapted to Hausa culture, influencing

language and cultural practices.

• The promotion of the Hausa language during the colonial

era intensified cultural change.

• Fulani pastoralists, drawn by the disease-free zone, moved

to the Plateau, leading to varying reactions from ethnic

groups.
• British conquest brought Christianity, attracting

missionaries, and influencing traditional religious practices.

Impact on Music and Culture:
• Introduction of Christianity and Western influence led to

changes in traditional music forms.

• Large churches promoted a form of music with Southern

Nigerian origin, including Western hymns with 'African'

instruments.
• Traditional music faces threats due to rapid changes

influenced by Christianity, urbanization, electricity,

education, and Westernization.
• Rural areas on the Jos Plateau experience rapid changes in

music due to these influences.

Local Government Areas in Plateau State:
• Plateau State, situated in the Middle Belt region of Nigeria,

has Jos as its capital, often referred to as "J-town."

• Jos has a population of approximately 900,000 residents

based on the 2006 census.

 • The state consists of various Local Government Areas
(LGAs) overseeing governance and local administration.

Local Government Areas (LGAs) in Plateau State: Plateau State

is comprised of seventeen (17) local governments, each with
unique indigenous customs and languages. The LGAs include
Barkin Ladi, Bassa, Bokkos, Jos East, Jos North, Jos South,
Kanam, Kanke, Langtang North, Langtang South, Mangu,
Mikang, Pankshin, Qua'an Pan, Riyom, Shendam, and Wase.
Senatorial Zones in Plateau State: The state is divided into
three Senatorial Districts:
1. Plateau North: Barkin-Ladi, Bassa, Jos East, Jos North, Jos
South, Riyom.
2. Plateau Central: Bokkos, Kanke, Mangu, Pankshin, Kanam.
3. Plateau South: Langtang South, Langtang North, Shendam,
Qua'an Pan, Wase, Mikang.
Indigenous Customs in Plateau State: Each of the 17 local
governments in Plateau State has distinct indigenous customs,
reflecting the state's plural society with homogeneous customs
and customary laws. The customs are practiced by various
ethnic groups, and the details provided are based on the 2006
census and official records as of March 2018.
Details on Selected Local Governments:
1. Barkin Ladi: Headquarters in Barkin Ladi town, languages
spoken include Berom, Foron, and Gashish.
2. Bassa: Headquarters with languages such as Bassa, Jere,
Gusu, Tariya, Sanga, Janji, Duguza, and Chokobo.
3. Bokkos: Headquarters in Bokkos town, languages spoken
include Ron, Mushere, and Kulere.
4. Jos East: Headquarters in Angware town, language spoken
is Afizere.
5. Jos North: Headquarters in the city center of Jos,
languages include Anaguta, Afizere, and Berom.
6. Jos South: Headquarters in Bukuru town, the language
spoken is Berom.
7. Kanam: Headquarters in Dergi town, languages include
Boghom, Jhar, Kantana, and Basharawa.
8. Kanke: Headquarters in Kwal town, languages include
Ngas, Myet, Boghom, Taroh, and Badawa.
9. Langtang North: Headquarters in Langtang town, language
spoken is Taroh.
10. Langtang South: Headquarters in Mabudi town,
language spoken is Taroh.
11. Mangu: Headquarters in Mangu town, languages
include Mwaghavul and Pyem.
12. Mikang: Headquarters in Tunkus town, languages
include Koenoem, Yuom, Tehl, Miryam, and Piapung.
13. Pankshin: Headquarters in Pankshin town, languages
include Ngus, Mupu, Mish Ba Tal, Kadung, Pal, and Bijim.
14. Qua'an Pan: Headquarters in Qua'an Pan town,
languages include Kwalla, Pan Doemak, and Gwall.
15. Riyom: Headquarters in Riyom town, predominantly
Berom with boundaries with Kaduna and Nasarawa State.
16. Shendam: Headquarters in Shendam town, the
indigenous language spoken is Geomai.
17. Wase: Headquarters in Wase town, languages include
Jukun, Taroh, and Hausa/Fulani.
Observation: The diversity of customs across these local
governments highlights the rich cultural tapestry of Plateau
State, with each community preserving its unique heritage.

Characteristics of Customary Laws:

1. Unwritten Nature:
• Customary laws are predominantly unwritten, unlike

English laws and Islamic laws, which are largely

written and codified.
• While some customary principles may be

documented in various forms, the absence of

comprehensive codification makes them essentially
unwritten.
2. Dynamism:
• Customary laws exhibit dynamism, constantly

evolving over time.

• The unwritten nature contributes to the adaptability

of customary laws to changing circumstances and

trends.
3. Flexibility in Amendments:
• Amendments or changes to customary laws are often

not subject to a formal process.

• Due to their unwritten nature, alterations can occur

without a defined procedure, often happening

unnoticed or gradually.
4. Territorial Application:
• Customary laws are typically limited in their

application to the territory where the indigenous

people subscribing to a particular culture reside.
 • Unlike non-ethnic Islamic law, which transcends
ethnic boundaries, customary laws are generally tied
to specific cultural or ethnic groups.
Proof of Customary Laws:
1. Oral Evidence:
• Witnesses, such as traditional rulers, village heads, or

members of the Council of Elders, can provide oral

evidence to establish the existence of a customary
law.
• Oral testimonies help authenticate customs,

especially when given by recognized custodians of

traditions.
2. Documentary Evidence:
• Some customs or customary principles may be

documented, published, or gazetted.

• Parties seeking to establish the existence of a custom

can present written evidence, such as books,

pamphlets, or articles, in court.
3. Judicial Notice:
• Courts can take judicial notice of previous decisions

where a competent court acknowledged and applied

a particular custom or principle.
• Precedents set by prior cases can be considered and

applied in similar cases, ensuring consistency in legal

application.
Conclusion:
• Establishing the existence of customary laws requires

careful consideration of oral evidence, documentary

evidence, or reliance on precedents recognized by
 competent courts. The characteristics of customary laws,
including their unwritten nature and dynamism, contribute
to their unique role within different cultures and
communities.
Validity Test of Customary Laws:
Customary laws, while evolving, are subject to certain tests to
determine their applicability. The validity of a custom or
customary principle is assessed through various tests:
1. Repugnancy Test:
• Customary principles must not be repugnant to

natural justice, equity, and good conscience.

• Repugnancy refers to principles that are revolting,

foul, or contrary to what is considered just and fair by

the general population.
• The test ensures that customary laws align with

fundamental concepts of justice and fairness.

2. Natural Justice, Equity, and Good Conscience:
• Customary principles should not contradict what is

naturally just or go against the principles of equity

and good conscience.
• Natural justice requires that customs align with what

is universally accepted as just.

• Equity demands fairness, rightness, and impartiality.

• Good conscience examines the intention and interest

behind the application of a customary principle,

ensuring it promotes fairness and justice.
3. Incompatibility Test:
• This test assesses whether the customary principle

conflicts with existing laws or statutes.

 • If a customary principle contradicts existing laws, it
may not be applied.
• The goal is to avoid conflicts between customary laws

and established legal frameworks.

4. Public Policy Test:
• Customary laws may be refused enforcement if they

conflict with public interest or policy.

• Principles encouraging indecency, incest, or actions

against public morality may be denied legal effect.

• The court considers the broader societal impact and

potential harm to public values.

Conclusion:
• The validity tests ensure that customary laws align with

fundamental principles of justice, fairness, and existing

legal frameworks. These tests serve as safeguards to
prevent the enforcement of customs that may be
repugnant, incompatible, or against public policy. The
evolving nature of customary laws allows for refinement
and adaptation, striking a balance between cultural
practices and broader societal values.