KANO STATE POLYTECHNIC

MANAGEMENT
MARKETING DEPARTMENT

ND/1

COURSE: PRINSIPLE OF LAW

GROUPS ASSIGNMENT. GROUP (D)

QUESTION

Discuss extensively on the general powers and the constitutionality of the state
high court of Nigeria

NAMES REG
IDRIS NURA IBRAHIM NDP/MKT/CEC/180068
BELLO USMAN
DORIS MATTEW
IBERAHIM GARBA
EUCHERIA CHINYERE OKOYE
ABDULLAHI HAMISU ZANGO
MERCY AJAYI
FAITH EMMANUEL
FAIZ IDRIS HAMISU
JENNIFER UZOMA
Introduction

Ethics is a theoretical framework for the analysis of human conduct (and there are philosophical,
sociological and other theoretical frameworks). It is the general term covering several different ways of
examining and understanding the moral life.

Ethics can be divided into two main types, namely, Normative Ethics which is a branch of ethics that
investigates the set of questions that arise when we think about the question, ‘how we ought to act
morally?’ It examines standards for the rightness and wrongness of actions. It is also known as
prescriptive ethics; and Non-normative ethics which has the objective of establishing what factually or
conceptually the case is and what ethically ought to be the case or what is ethically valuable. It is an
analysis of the meaning of the terms used in moral discourse. Non – normative ethics can further be
divided into Descriptive ethics, which is the factual investigation of moral belief, and conducts. It uses
scientific techniques to study how people reason and act; and Meta-ethics which involves analysis of the
language, concepts and methods of reasoning in normative ethics.

Law can be described as a system of rules a society sets to maintain order and protect harm to persons
and property. Law is a set of rules established by a governing authority to institute and maintain orderly
co-existence.

The law establishes restrictions and requirements for behavior and represents a general consensus of
what is or is not ethical. Consequently, law acts as a guide for solving research ethics problems.

Laws are created through legislations which are called statutory laws, or by judges in court cases which
are called case laws. Statutory laws comprises of written laws enacted by either a state legislature or
national assembly. Statutory laws are either civil or criminal. Case law comprises of decisions of the
various courts. These decisions determine the outcome of individual court cases by providing
precedents to be followed in the interpretation of statutory laws and the Constitution.

This module compiles the laws governing research ethics in Nigeria. The objective is to provide an
overview of the various laws regulating research in Nigeria with a view to compiling and codifying them.
Secondly, the module is aimed at increasing knowledge in respect of the laws relating to management
and conduct of ethics in research.

Thirdly, it will be a resource for stakeholders in research and development. Lastly, it is hoped that it will
strengthen research ethics evaluation capacities.

This module involves a research into the various laws applicable to research ethics. It is a literature
research. This will involve an examination of legal literature in Nigeria, legal and policy instruments that
are relevant to research ethics. References will also be made to relevant case law.

The module collates laws governing various aspects of research ethics such as ethics review criteria,
oversight for ethics review, criteria for selecting research participants, issues relating to conflict of
interest, privacy, risk-benefit ratio, compensation and informed consent process.
The Nigerian Legal System

The Federal Republic of Nigeria (FRN) is a Constitutional Republic. At independence, Nigeria

consisted of three regions, namely, the Northern Region, the Eastern Region and the Western
Region. Presently, Nigeria is made up of 36 states and a federal capital territory (FCT), located in
Abuja. These states are, as a matter of convenience and political expediency grouped into 6
geopolitical zones of North East, North West, North Central, South East, South West, and South
South. This grouping has however not been accorded any constitutional recognition. There are close
to 400 linguistic groups in Nigeria, but the 3 major languages are Hausa, Igbo and Yoruba, while
English is the official language.

The Nigerian Legal System (NLS) is based on the English Common Law and legal tradition by virtue
of colonization and the attendant incidence of reception of English law through the process of legal
transplant. English law has a tremendous influence on the Nigerian legal system, and it forms a
substantial part of Nigerian law. Section 45 (1) of the Interpretation Act provides that, the common
law of England and the doctrines of equity and the statutes of general application which were in
force in England on 1st January, 1900 are applicable in Nigeria, only in so far as local jurisdiction and
circumstances shall permit.

Consequently, legal issues evolving from common law in England and codes of conduct of the
medical profession and professional ethics as a whole, such as confidentiality, consent,
malfeasance, beneficence, duty of care are applicable in Nigeria even though they have not been
legislated upon.

Sources of Nigerian Law

The sources of Nigerian Law are as follows:

The Constitution

The Nigerian Constitution is a Federal one. A federal constitution is one which provides for division
of powers between the constituents of the Federal Government.

The Nigerian Constitution is supreme. Constitutional supremacy relates to the supremacy of

authority of the constitution over other laws. Section 1(1) provides, “this Constitution and its
provisions shall have binding force on all authorities and persons throughout the Federal Republic of
Nigeria”. In addition to this, Section 1(3) provides, “if any other law is inconsistent with the
provisions of this Constitution, this Constitution shall prevail and that other law shall to the extent of
the inconsistency be void. The current Constitution is the 1999 Constitution. It came into operations
on 29th May, 1999.

By virtue of section 13(2)(b), the security and welfare of the people is the primary purpose of the
government. Sections 15-21 set out the various ways in ensuring that this purpose is fulfilled
without violating the fundamental rights of the citizens which are set out in Chapter 4 of the
Constitution. These rights include, the right to life, right to dignity of persons, right to personal
liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience
and religion, right to freedom of expression and the press, right to peaceful assembly and
association, right to freedom of movement, right to freedom from discrimination and the right to
acquire and own immovable property anywhere in Nigeria.

Legislation

The Constitution regulates the distribution of legislative business between the National Assembly
which has power to make laws for the Federation and the House of Assembly of each state of the
federation.

The current legislation in force at the Federal level is largely contained in the Laws of the Federation
of Nigeria 2004 (LFN). Laws made subsequently are found in the annual volumes of the laws of the
FRN. Federal laws enacted under the military regime known as Decrees and state laws known as
Edicts form the bulk of primary legislations.

English Law

This consists of:

a. The received English Law comprising of the following, the common law, the doctrine of
equity, statutes of general application in force in England on January 1, 1900, Statutes and
subsidiary legislation on specified matters, and
b. English law (statutes) made before 1st October, 1960 and extending to Nigeria which are
not yet repealed. Laws made by the local colonial legislature are treated as part of the
Nigerian legislation.

Despite the influence of English law, the Nigerian legal system is very complex because of legal
pluralism.

Legal pluralism is the existence of multiple legal systems within one geographic area. It occurs when
different laws govern different groups within a country or where, to an extent, the legal systems of
the indigenous population have been given some recognition. Legal pluralism is prevalent in former
colonies, where the law of a former colonial authority may exist alongside traditional legal systems.
This is evident in the Nigerian Legal system where the customary law exists side by side with the
inherited English Legal System.

Customary Law

This emanated from the usage and practices of the people. The traditional classification of
customary law is into the following categories:

 Ethnic/ non – Muslim: is the indigenous law that applies to the members of the different
ethnic groups. Nigeria is made up of several ethnic groups each with its own variety of
customary law. Ethnic Customary law is unwritten, uncertain and difficult to ascertain.
Ethnic Customary law is enforced in customary courts. These courts are at the lowest rung
 of the hierarchy of courts and in most cases are presided over by non- legally trained
personnel.
 Muslim Law / Sharia: In the southern part of the country, Muslim/ Islamic law, where it
exists, is integrated into and has always been treated as an aspect of the customary law.
Islamic law has however been in use in the Northern part of the country since 1959.
Islamic/Sharia/Muslim Law is written with clearly defined and articulated principles. It is
based on the Islamic religion and was introduced in Nigeria as a consequence of a successful
process of Islamization. It is based on the Holy Koran and the teachings of the Prophet
Mohammad. The Muslim laws, also known as the Sharia are found in the Holy Koran and the
Hadith (teachings of the Prophet Mohammad).

Judicial Precedent

This is “an earlier happening, decision, etc, taken as an example or rule for what comes up later.
The doctrine of precedent is founded on the objective of law that ensures that like cases are
decided alike. The operation of the doctrine is tied to the hierarchy of the courts. A court is bound
by the decisions of any court above it in the hierarchy and usually by a court of co-ordinate or
equivalent jurisdiction. The Supreme Court is the highest court of the land. The Court of Appeal is
the penultimate court to entertain appeals from the High Courts, which are the trial courts of
general jurisdiction. The Court of Appeal and all lower courts are bound by the decision of the
Supreme Court.

The judicial precedent does not apply to certain courts like the customary/area courts and the
sharia courts.

The Federal and State courts are not in two parallel lines. It is only to a limited extent that it may be
asserted that each state has its own legal system.

International Law

Nigeria is a member of the United Nations, the Commonwealth of Nations, African Union and many
others.

Although Nigeria is a signatory to various international conventions and covenants, these are not
enforceable in Nigeria unless they are enacted into law by the National Assembly.

Government Bodies

The system of Government in the FRN is modelled after the American presidential system with
three arms of government, namely, the legislature, the executive and the judiciary. This is known as
‘Separation of powers’. The legislature makes the law, the executive implements the law, while the
judiciary interprets the law.

Legislature
Section 4 (1) of the Constitution provides that the legislative powers of the country shall be vested
in the National Assembly. By virtue of sub section (2), the National Assembly has powers to make
laws for the peace, order and good government of the federation, to the exclusion of the state
House of Assembly. It follows law making procedures as specified in sections 58 and 59 of the 1999
Constitution. It is bicameral and is made up of the Senate and the House of Representatives. The
powers of the National Assembly to legislate refer to:

 Any matter included in the Exclusive Legislative list, to the exclusion of the State House of
Assembly.
 Any matter in the concurrent legislature list set out in the 1st column of Part II of the 2nd
Schedule of the Constitution to the extent prescribed in the 2nd Column opposite; and
 Any other matter with respect to which the National Assembly is empowered to make laws
in accordance with the provisions of the Constitution.

Each state has its own law making organ known as the House of Assembly. State House of
Assemblies have powers to legislate on any matter in the concurrent legislative list and any other
matter with respect to which it is empowered to make laws in accordance with the provisions of the
Constitution.

By virtue of S.4 (5), where there is inconsistency between the laws made by the State House of
Assembly and the National Assembly, the latter prevails and the former, to the extent of the
inconsistency becomes void.

It pertinent to note that scientific and technological research, this includes health research, falls
within items on the concurrent list. Consequently, both the National Assembly and the State House
of Assembly may make laws governing research ethics in Nigeria.

Executive

The executive power of the Federation is vested in the President by virtue of section 5(1) of the
1999 Constitution. Such powers can be administered directly or through the Vice President or
Ministers or officers of the government. In the states the executive power of a state is vested in the
Governor and may through the Deputy Governor or Commissioners or other public officers.

Judiciary

By virtue of section 6(1) of the 1999 Constitution, the following courts are established in the Federal
Republic of Nigeria, Supreme Court, Court of Appeal, Federal High Court, High Court, Abuja, High
Court of a State, the Sharia Court of Appeal of the FCT, Abuja, a Sharia Court of Appeal of a state,
the Customary Court of Appeal of the FCT, Abuja and the Customary Court of Appeal.

The courts established by the Constitution are the only superior courts of record in Nigeria. The
Constitution empowers the National Assembly and the House of Assembly to establish courts with
subordinate jurisdiction to the High Court. These courts are invariably inferior courts of record
notwithstanding the status of the officer presiding in the courts.

Statutory Institutions
Apart from the arms of government set up by the Constitution, there are institutions/ governmental
bodies which are creation of statutes. These institutions such as the National Health Research
Committee, and National Agency for Food and Drugs Administration and Control, are allowed to
make rules, regulations, directives and bylaws pursuant to their enabling Acts and consequently are
binding. These institutions are also empowered to institute various committees as necessary in
carrying out their duties. Procedures devised for these committees have binding effects on all
parties concerned.

Sources of Law Relating to Research Ethics in Nigeria

The legal basis for research ethics in Nigeria as with all other area of laws is created either through
legislation which are called statutory law or by opinions written by judges in court cases which is
called case law.

Statutory laws influencing research ethics in Nigeria can be found in the Constitution; state and
local government legislations; federal enactments (regulations, codes, directives) and international
treaties. Some of these legislations have their basis in customary law and practices.

Case law comprises of decisions of the various courts on matters brought under different heads of
the common law such as Contract and Torts. These decisions determine the outcome of individual
cases thereby providing precedents to be followed in the interpretation of statutory laws and the
Constitution.

Research Ethics Governance Pre-2006

The pre-2006 era of research oversight in Nigeria was characterized by formal and informal
mechanisms which included regulations by the federal government through agencies created for
that purpose, review by ethics review bodies in research institutions, self-regulatory bodies in
research institutions, and self-regulations by medical practitioners. There were no general
guidelines dealing specifically with the major ethical concerns which arise in relation to research in
developing countries. There were no laws or general guidelines requiring that structure or
composition and functions. Be that as it may, there existed ethics review committees which
conducted reviews of research involving humans amongst others.

At this time, clinical research involving drug trials was regulated by the National Agency for Food
and Drug Administration and Control (NAFDAC). NAFDAC is saddled with the responsibility of
ensuring drug safety and compliance with approved specifications and quality and regulating the
importation, exportation, and manufacture of drugs. In carrying out these functions it has powers to
compile standard specifications, guidelines and regulations for the production of drugs, establishing
and maintaining laboratories.

In exercising these powers, NAFDAC issued a set of guidelines for regulating clinical drug trials in
Nigeria.

Colonial era (1914–1960)

Nigeria's first constitutions were enacted by order in council during the colonial era, when the country was
administered as a Crown Colony. The constitutions enacted during this period were those of 1913 (which
came into effect on 1 January 1914), 1922, 1946, 1951 and 1954.
In 1946 a new constitution was approved by Westminster and promulgated in Nigeria. Although it reserved
effective power in the hands of the Governor-General and his appointed Executive Council, the so-
called Richards Constitution (after Governor-General Sir Arthur Richards, who was responsible for its
formulation) provided for an expanded Legislative Council empowered to deliberate on matters affecting the
whole country. Separate legislative bodies, the houses of assembly, were established in each of the three
regions to consider local questions and to advise the lieutenant governors. The introduction of the federal
principle, with deliberative authority devolved on the regions, signaled recognition of the country's diversity.
Although realistic in its assessment of the situation in Nigeria, the Richards Constitution undoubtedly
intensified regionalism as an alternative to political unification.
The pace of constitutional change accelerated after the promulgation of the Richards Constitution. It was
suspended in 1950 against a call for greater autonomy, which resulted in an inter-parliamentary conference
at Ibadan in 1950. The conference drafted the terms of a new constitution. The so-called Macpherson
Constitution, after the incumbent Governor-General, John Stuart Macpherson, went into effect the following
year.
The most important innovations in the new charter reinforced the dual course of constitutional evolution,
allowing for both regional autonomy and federal union. By extending the elective principle and by providing
for a central government with a Council of Ministers, the Macpherson Constitution gave renewed impetus to
party activity and to political participation at the national level. But by providing for comparable regional
governments exercising broad legislative powers, which could not be overridden by the newly established
185-seat federal House of Representatives, the Macpherson Constitution also gave a significant boost to
regionalism. Subsequent revisions contained in the Littleton Constitution, named for Oliver Littleton, 1st
Viscount Candors and enacted in 1954, firmly established the federal principle and paved the way for
independence.

Constitutional independence (1960)

Nigeria's first constitution as a sovereign state was enacted by a British order in council so as to come into
force immediately upon independence, on 1 October 1960. Under this constitution Nigeria retained
Queen Elizabeth II as titular head of state.

1963 constitution (First Republic)

Independent Nigeria's second constitution established the country as a federal republic. It came into force on
1st of October, 1963 (Nigeria's third anniversary as an independent nation). The 1963 constitution, which was
based on the Westminster system, continued in operation until a military coup in 1966 overthrew Nigeria's
democratic institutions.

1979 constitution (Second Republic)

The 1979 constitution, which brought in the Second Republic, abandoned the Westminster system in favour
of an American-style presidential system, with a direct election, directly-elected. To avoid the pitfalls of the
First Republic, the constitution mandated that political parties and Federal Executive Council (Nigeria
cabinet) positions reflect the "federal character" of the nation: political parties were required to be
registered in at least two-thirds of the States of Nigeria or states, and each state had to have at least one
member of the cabinet from it.

1993 constitution (Third Republic)

The 1993 constitution was intended to see the return of democratic rule to Nigeria with the establishment of
a Third Republic, but was never fully implemented, and the military resumed power until 1999

1999 constitutions (Fourth Republic)

The 1999 constitutioning restored democratic rule to Nigeria, and remains in force today. In
January 2011, two amendments of the 1999 constitution were signed by President Olusegun
Obasanjo, the first modifications since the document came into use in 1999.
33. (1) Every person has a right to life, and no one shall be deprived intentionally of his
life, save in execution of the sentence of a court in respect of a criminal offence of which
he has been found guilty in Nigeria.
(2) A person shall be regarded as having been deprived of his life in contravention of this
section, if he dies as a result of the use, to such extent and in such circumstances as are
permitted by law, of such force as is reasonably necessary -
(a) For the defiance of any person from unlawful violence or for the defense of property:
(b) In order to effect a lawful arrest or to prevent the escape of person(s) lawfully
detained; or
(c) For the purpose of suppressing a riot, insurrection or mutiny.
34. (1) every individual is entitled to respect for the dignity of his person, and
accordingly -
(a) No person shall be subject to torture or to inhuman or degrading treatment;
(b) No person shall he held in slavery or servitude; and
(c) No person shall be required to perform forced or compulsory labour.
(2) For the purposes of subsection (1) (c) of this section, "forced or compulsory labour"
does not include -
(a) Any labour required in consequence of the sentence or order of a court;
(b) Any labour required of members of the armed forces of the Federation or the Nigeria
Police Force in pursuance of their duties as such;
(c) In the case of persons who have conscientious objections to service in the armed
forces of the Federation, any labour required instead of such service;
(d) Any labour required which is reasonably necessary in the event of any emergency or
calamity threatening the life or well-being of the community; or
(e) any labor or service that forms part of -
(i) Normal communal or other civic obligations of the well-being of the community.
(ii) such compulsory national service in the armed forces of the Federation as may be
prescribed by an Act of the National Assembly, or
(iii) Such compulsory national service which forms part of the education and training of
citizens of Nigeria as may be prescribed by an Act of the National Assembly.
35. (1) every person shall be entitled to his personal liberty and no person shall be
deprived of such liberty save in the following cases and in accordance with a procedure
permitted by law -
(a) in execution of the sentence or order of a court in respect of a criminal offence of
which he has been found guilty;
(b) by reason of his failure to comply with the order of a court or in order to secure the
fulfillment of any obligation imposed upon him by law;
(c) for the purpose of bringing him before a court in execution of the order of a court or
upon reasonable suspicion of his having committed a criminal offence, or to such extent
as may be reasonably necessary to prevent his committing a criminal offence;
(d) in the case of a person who has not attained the age of eighteen years for the
purpose of his education or welfare;
(e) in the case of persons suffering from infectious or contagious disease, persons of
unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their
care or treatment or the protection of the community; or
(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of
effecting the expulsion, extradition or other lawful removal from Nigeria of any person
or the taking of proceedings relating thereto:
Provided that a person who is charged with an offence and who has been detained in
lawful custody awaiting trial shall not continue to be kept in such detention for a period
longer than the maximum period of imprisonment prescribed for the offence.
(2) Any person who is arrested or detained shall have the right to remain silent or avoid
answering any question until after consultation with a legal practitioner or any other
person of his own choice.
(3) Any person who is arrested or detained shall be informed in writing within twenty-
four hours (and in a language that he understands) of the facts and grounds for his
arrest or detention.
(4) Any person who is arrested or detained in accordance with subsection (1) (c) of this
section shall be brought before a court of law within a reasonable time, and if he is not
tried within a period of -
(a) two months from the date of his arrest or detention in the case of a person who is in
custody or is not entitled to bail; or
(b) three months from the date of his arrest or detention in the case of a person who
has been released on bail, he shall (without prejudice to any further proceedings that
may be brought against him) be released either unconditionally or upon such conditions
as are reasonably necessary to ensure that he appears for trial at a later date.
(5) In subsection (4) of this section, the expression "a reasonable time" means -
(a) in the case of an arrest or detention in any place where there is a court of competent
jurisdiction within a radius of forty kilometres, a period of one day; and
(b) in any other case, a period of two days or such longer period as in the circumstances
may be considered by the court to be reasonable.
(6) Any person who is unlawfully arrested or detained shall be entitled to compensation
and public apology from the appropriate authority or person; and in this subsection,
"the appropriate authority or person" means an authority or person specified by law.
(7) Nothing in this section shall be construed -
(a) in relation to subsection (4) of this section, as applying in the case of a person
arrested or detained upon reasonable suspicion of having committed a capital offence;
and
(b) as invalidating any law by reason only that it authorises the detention for a period
not exceeding three months of a member of the armed forces of the federation or a
member of the Nigeria Police Force in execution of a sentence imposed by an officer of
the armed forces of the Federation or of the Nigeria police force, in respect of an
offence punishable by such detention of which he has been found guilty.
36. (1) In the determination of his civil rights and obligations, including any question or
determination by or against any government or authority, a person shall be entitled to a
fair hearing within a reasonable time by a court or other tribunal established by law and
constituted in such manner as to secure its independence and impartiality.
(2) Without prejudice to the foregoing provisions of this section, a law shall not be
invalidated by reason only that it confers on any government or authority power to
determine questions arising in the administration of a law that affects or may affect the
civil rights and obligations of any person if such law -
(a) provides for an opportunity for the persons whose rights and obligations may be
affected to make representations to the administering authority before that authority
makes the decision affecting that person; and
(b) contains no provision making the determination of the administering authority final
and conclusive.
(3) The proceedings of a court or the proceedings of any tribunal relating to the matters
mentioned in subsection (1) of this section (including the announcement of the
decisions of the court or tribunal) shall be held in public.
(4) Whenever any person is charged with a criminal offence, he shall, unless the charge
is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court
or tribunal:
Provided that -
(a) a court or such a tribunal may exclude from its proceedings persons other than the
parties thereto or their legal practitioners in the interest of defense, public safety, public
order, public morality, the welfare of persons who have not attained the age of eighteen
years, the protection of the private lives of the parties or to such extent as it may
consider necessary by reason of special circumstances in which publicity would be
contrary to the interests of justice;
(b) if in any proceedings before a court or such a tribunal, a Minister of the Government
of the Federation or a commissioner of the government of a State satisfies the court or
tribunal that it would not be in the public interest for any matter to be publicly
disclosed, the court or tribunal shall make arrangements for evidence relating to that
matter to be heard in private and shall take such other action as may be necessary or
expedient to prevent the disclosure of the matter.
(5) Every person who is charged with a criminal offence shall be presumed to be
innocent until he is proved guilty;
Provided that nothing in this section shall invalidate any law by reason only that the law
imposes upon any such person the burden of proving particular facts.
(6) Every person who is charged with a criminal offence shall be entitled to -
(a) Be informed promptly in the language that he understands and in detail of the
nature of the offence;
(b) Be given adequate time and facilities for the preparation of his defiance;
(c) Defend himself in person or by legal practitioners of his own choice;
(d) examine, in person or by his legal practitioners, the witnesses called by the
prosecution before any court or tribunal and obtain the attendance and carry out the
examination of witnesses to testify on his behalf before the court or tribunal on the
same conditions as those applying to the witnesses called by the prosecution; and
(E) Have, without payment, the assistance of an interpreter if he cannot understand the
language used at the trial of the offence.
(7) When any person is tried for any criminal offence, the court or tribunal shall keep a
record of the proceedings and the accused person or any persons authorized by him in
that behalf shall be entitled to obtain copies of the judgment in the case within seven
days of the conclusion of the case.
(8) No person shall be held to be guilty of a criminal offence on account of any act or
omission that did not, at the time it took place, constitute such an offence, and no
penalty shall be imposed for any criminal offence heavier than the penalty in force at
the time the offence was committed
(9) No person who shows that he has been tried by any court of competent jurisdiction
or tribunal for a criminal offence and either convicted or acquitted shall again be tried
for that offence or for a criminal offence having the same ingredients as that offence
save upon the order of a superior court.
(10) No person who shows that he has been pardoned for a criminal offence shall again
be tried for that offence.
(11) No person who is tried for a criminal offence shall be compelled to give evidence at
the trial.
(12) Subject as otherwise provided by this Constitution, a person shall not be convicted
of a criminal offence unless that offence is defined and the penalty therefore is
prescribed in a written law, and in this subsection, a written law refers to an Act of the
National Assembly or a Law of a State, any subsidiary legislation or instrument under the
provisions of a law.
37. The privacy of citizens, their homes, correspondence, telephone conversations and
telegraphic communications is hereby guaranteed and protected.
38. (1) every person shall be entitled to freedom of thought, conscience and religion,
including freedom to change his religion or belief, and freedom (either alone or in
community with others, and in public or in private) to manifest and propagate his
religion or belief in worship, teaching, practice and observance.
(2) No person attending any place of education shall be required to receive religious
instruction or to take part in or attend any religious ceremony or observance if such
instruction ceremony or observance relates to a religion other than his own, or religion
not approved by his parent or guardian.
(3) No religious community or denomination shall be prevented from providing religious
instruction for pupils of that community or denomination in any place of education
maintained wholly by that community or denomination.
(4) Nothing in this section shall entitle any person to form, take part in the activity or be
a member of a secret society.
39. (1) every person shall be entitled to freedom of expression, including freedom to
hold opinions and to receive and impart ideas and information without interference.
(2) Without prejudice to the generality of subsection (1) of this section, every person
shall be entitled to own, establish and operate any medium for the dissemination of
information, ideas and opinions:
Provided that no person, other than the Government of the Federation or of a State or
any other person or body authorized by the President on the fulfillment of conditions
laid down by an Act of the National Assembly, shall own, establish or operate a
television or wireless broadcasting station for, any purpose whatsoever.
(3) Nothing in this section shall invalidate any law that is reasonably justifiable in a
democratic society -
(a) for the purpose of preventing the disclosure. of information received in confidence,
maintaining the authority and independence of courts or regulating telephony, wireless
broadcasting, television or the exhibition of cinematograph films; or
(b) Imposing restrictions upon persons holding office under the Government of the
Federation or of a State, members of the armed forces of the Federation or members of
the Nigeria Police Force or other Government security services or agencies established
by law.
40. Every person shall be entitled to assemble freely and associate with other persons,
and in particular he may form or belong to any political party, trade union or any other
association for the protection of his interests:
Provided that the provisions of this section shall not derogate from the powers
conferred by this Constitution on the Independent National Electoral Commission with
respect to political parties to which that Commission does not accord recognition.
41. (1) every citizen of Nigeria is entitled to move freely throughout Nigeria and to
reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or
refused entry thereby or exit there from.
(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably
justifiable in a democratic society-
(a) Imposing restrictions on the residence or movement of any person who has
committed or is reasonably suspected to have committed a criminal offence in order to
prevent him from leaving Nigeria; or
(b) Providing for the removal of any person from Nigeria to any other country to:-
(i) Be tried outside Nigeria for any criminal offence, or
(ii) Undergo imprisonment outside Nigeria in execution of the sentence of a court of law
in respect of a criminal offence of which he has been found guilty:
Provided that there is reciprocal agreement between Nigeria and such other country in
relation to such matter.
42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex,
religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in
Nigeria or any executive or administrative action of the government, to disabilities or
restrictions to which citizens of Nigeria of other communities, ethnic groups, places of
origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in
Nigeria or any such executive or administrative action, any privilege or advantage that is
not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin,
sex, religions or political opinions.
(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by
reason of the circumstances of his birth.
(3) Nothing in subsection (1) of this section shall invalidate any law by reason only that
the law imposes restrictions with respect to the appointment of any person to any office
under the State or as a member of the armed forces of the Federation or member of the
Nigeria Police Forces or to an office in the service of a body, corporate established
directly by any law in force in Nigeria.
43. Subject to the provisions of this Constitution, every citizen of Nigeria shall have the
right to acquire and own immovable property anywhere in Nigeria.
44. (1) No moveable property or any interest in an immovable property shall be taken
possession of compulsorily and no right over or interest in any such property shall be
acquired compulsorily in any part of Nigeria except in the manner and for the purposes
prescribed by a law that, among other things -
(a) Requires the prompt payment of compensation therefore and
(b) gives to any person claiming such compensation a right of access for the
determination of his interest in the property and the amount of compensation to a
court of law or tribunal or body having jurisdiction in that part of Nigeria.
(2) Nothing in subsection (1) of this section shall be construed as affecting any general
law.
(a) For the imposition or enforcement of any tax, rate or duty;
(b) For the imposition of penalties or forfeiture for breach of any law, whether under
civil process or after conviction for an offence;
(c) Relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or
obligations arising out of contracts.
(d) relating to the vesting and administration of property of persons adjudged or
otherwise declared bankrupt or insolvent, of persons of unsound mind or deceased
persons, and of corporate or unincorporated bodies in the course of being wound-up;
(e) Relating to the execution of judgments or orders of court;
(f) Providing for the taking of possession of property that is in a dangerous state or is
injurious to the health of human beings, plants or animals;
(g) Relating to enemy property;
(h) Relating to trusts and trustees;
(i) Relating to limitation of actions;
(j) Relating to property vested in bodies corporate directly established by any law in force in Nigeria;
(k) Relating to the temporary taking of possession of property for the purpose of any examination,
investigation or enquiry;
(l) Providing for the carrying out of work on land for the purpose of soil-conservation; or
(m) subject to prompt payment of compensation for damage to buildings, economic trees or crops,
providing for any authority or person to enter, survey or dig any land, or to lay, install or erect poles,
cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain
the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public
facilities or public utilities.
(3) Notwithstanding the foregoing provisions of this section, the entire property in and control of all
minerals, mineral oils and natural gas in under or upon any land in Nigeria or in, under or upon the
territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the
Federation and shall be managed in such manner as may be prescribed by the National Assembly.
45. (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is
reasonably justifiable in a democratic society
(a) in the interest of defense, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedom or other persons
(2) An act of the National Assembly shall not be invalidated by reason only that it provides for the
taking, during periods of emergency, of measures that derogate from the provisions of section 33 or
35 of this Constitution; but no such measures shall be taken in pursuance of any such act during any
period of emergency save to the extent that those measures are reasonably justifiable for the
purpose of dealing with the situation that exists during that period of emergency:
Provided that nothing in this section shall authorize any derogation from the provisions of section 33
of this Constitution, except in respect of death resulting from acts of war or authorize any derogation
from the provisions of section 36(8) of this Constitution.
(3) In this section, a " period of emergency" means any period during which there is in force a
Proclamation of a state of emergency declared by the President in exercise of the powers conferred
on him under section 305 of this Constitution.
46. (1) Any person who alleges that any of the provisions of this Chapter has been, is being or likely
to be contravened in any State in relation to him may apply to a High Court in that State for redress.
 (2) Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear
and determine any application made to it in pursuance of this section and may make such orders,
issue such writs and give such directions as it may consider appropriate for the purpose of
enforcement or securing the enforcing within that State of any right to which the person who makes
the application may be entitled under this Chapter.
(3) The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High
Court for the purposes of this section.
(4) The National Assembly -
(a) may confer upon a High Court such powers in addition to those conferred by this section as may
appear to the National Assembly to be necessary or desirable for the purpose of enabling the court
more effectively to exercise the jurisdiction conferred upon it by this section; and
(b) Shall make provisions-
(i) for the rendering of financial assistance to any indigent citizen of Nigeria where his right under
this Chapter has been infringed or with a view to enabling him to engage the services of a legal
practitioner to prosecute his claim, and
(ii) For ensuring that allegations of infringement of such rights are substantial and the requirement
or need for financial or legal aid is real.

The Nigerian constitution recognizes courts as either Federal or State courts. A primary difference
between both is that the President appoints justices/judges to federal courts, while State Governors
appoint judges to state courts. All appointments (federal or state) are based on the recommendations of
the National Judicial Council.[citation needed]

The Federal courts are: the Supreme Court, the Court of Appeal and the Federal High Court.

The State courts include: the High Court of a State, the Customary Court of Appeal of a State and the
Sharia Court of Appeal of a State. Each of the states (currently thirty-six) is constitutionally allowed to
have all of these courts. However, the predominantly Muslim northern states tend to have Sharia courts
rather than customary courts. The predominantly Christian southern states tend to have Customary
courts and not Sharia courts.[citation needed]

Due to the fact that the Nigerian capital (known as happy town or The Federal Capital Territory, FCT) is
not a state, it has no Governor. Its courts that are equivalent to the state courts have their Judges
appointed by the President and are thus federal courts. The FCT courts are: the High Court of the FCT,
the Customary Court of Appeal of the FCT and the Sharia Court of Appeal of the FCT.[citation needed]

Tier 1 Court: Supreme Court

The Supreme Court of Nigeria is the highest court in Nigeria. It is based in the capital, Abuja. The
Supreme Court is mainly a court of appellate jurisdiction and is the final appeal court in the country. It
also has original jurisdiction in State vs. State and State vs. Federal Government cases. The Supreme
Court is headed by a Chief Justice who is assisted by other Justices. The appointment of the Chief Justice
and Justices requires confirmation by the Senate.[citation needed]
Tier 2 Court: Court of Appeal

The next highest court is the Court of Appeal, in Abuja. However, to bring the administration of justice
closer to the people, the Court of Appeal has multiple divisions (currently sixteen) in various parts of the
country. The head of the Court of Appeal has the title President of the Appeal Court. He/She is assisted
by Justices. Only the appointment of the President of the Appeal Court requires Senate confirmation.
[Citation needed]

The Court of Appeal is mainly a court of appellate jurisdiction, however it has original jurisdiction for
presidential and vice-presidential election petitions.[2] 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 who are versed in customary law and at least three Judges who are versed
in Islamic personal law.[citation needed]

Judgments from the tier 2 court can be appealed to the Supreme Court (the tier 1 court).[2]

Tier 3 Courts

Just below the Federal Court of Appeal are the tier 3 courts. They include: (1) the Federal High Court and
(2) the High Court of a state/FCT, (3) the Customary Court of Appeal of a state/FCT and (4) the Sharia
Court of Appeal of a state/FCT.[3]

The Federal High Court is based in Abuja. In order to bring the administration of justice closer to the
people it has a division in each of the thirty-six states of the country. The Federal High Court is generally
a court of original jurisdiction. However, it has appellate jurisdiction from tribunals such as the Tax
Appeal Tribunal. It is presided over by a Chief Judge who is assisted by other Judges.[citation needed]

The High Court of a state/FCT is the highest English law court in a state or the FCT. The High Court of a
state/FCT and the Federal High Court have similar powers. Due to the fact that there is a division of the
Federal High Court in each state and that each state has its own High Court, there is usually some
confusion as to which court is which. For example, in Lagos state, there is a Federal High Court, Lagos
and a High Court of Lagos State (sometimes referred to as The Lagos State High Court). It is presided
over by a Chief Judge who is assisted by other Judges.[citation needed]

The Customary Court of Appeal of a state/FCT is the highest customary law court in a state/FCT. It is
presided over by a Judge who has the title: President of the Customary Court of Appeal of the state/FCT
and is assisted by other Judges. [Citation needed]
The Sharia Court of Appeal of a state/FCT is the highest Sharia law court in a state/FCT. It is presided
over by a Grand Khadi who is assisted by other Khadis.[citation needed]

Judgments from the tier 3 courts can be appealed to the tier 2 court (Federal Court of Appeal).[citation
needed]

Tier 4 Courts: State Courts

The lowest courts in the country are all state courts (there is no federal court in this group). They include
(i) the Magistrate Courts that handle English law cases (ii) the Customary Courts that handle Customary
law cases and (iii) the Sharia Courts that handle Sharia law cases.[citation needed]

Judgments from the tier 4 courts can be appealed only to their respective higher tier 3 courts (e.g.
judgments from the English law Magistrates Court can only be appealed to the tier 3 English law court
(the High Court of a state/FCT).[citation needed]

Other Courts

Election Tribunals

There are two types of election tribunal’s viz.: (1) National Assembly Election Tribunals that deal with
petitions from the Senate and House of Representatives elections and (2) Governorship and Legislative
Election Tribunals that deal with petitions from the Gubernatorial and State House of Assembly
elections. Election tribunals are set up by the President of the Federal Court of Appeal in consultation
with the Chief Judges of the High Courts of the states, Presidents of the Customary Courts of Appeal of
the states and/or Grand Khadis of the Sharia Courts of Appeal of the states.[citation needed]

Code of Conduct Tribunal

The Code Of Conduct Tribunal is established by the Chapter C15 Code of Conduct Bureau and Tribunal
Act, No. 1 of 1989 Laws of the Federation of Nigeria, 2004 with commencement date of 1 January 1991,
which "provide for the establishment of the Code of Conduct Bureau and Tribunal to deal with
complaints of Corruption by public servants for the breaches of its provisions.[citation needed]

The Code of Conduct Tribunal (CCT) shall consist of a chairman and two other members, whose
chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of
record in Nigeria and shall receive such remuneration as may be prescribed by law. The chairman and
other members of the Tribunal shall be appointed by the President on the recommendation of the
National Judicial Council. The tenure of office of the CCT chairman and members shall expire when he
attains the age of seventy years. [Citation needed]

A person holding the office of chairman or member of the Code Of Conduct Tribunal shall not be
removed from his office or appointment by the President except upon an address supported by two-
thirds majority of each House of the National Assembly of Nigeria praying that he be so removed for
inability to discharge the functions of the office in question (whether arising from infirmity of mind or
body) or for misconduct or for contravention of the Act. A person holding the office of chairman or
member of the Tribunal shall not be removed from office before retiring age, save in accordance with
the provisions of the section of the Act. [4]

Judgments from the Code of Conduct Tribunal can be appealed to the tier 2 courts (Federal Court of
Appeal). [Citation needed]
 Sharia
See also: Sharia in Nigeria

Sharia law (also known as Islamic law) is law that is used only in the predominantly Muslim north of the
country. Sharia, meaning "way" or "path" in religious law of Islam,[5] has been in Nigeria for a long time.
Civil sharia law has been enshrined in the various Nigerian constitutions since independence. The most
recent constitution came into effect in 1999. With the return of the country to democratic rule in 1999,
some of the predominantly Muslim northern states have instituted full sharia law (criminal and civil).[6]
Full sharia law was first passed into law in Zamfara in late 1999 and the law came into effect in January
2000. Since then eleven other states have followed suit. These states are Kano, Katsina, Niger, Bauchi,
Borno, Kaduna, Gombe, Sokoto, Jigawa, Yobe, and Kebbi.[7]

List of acts and decrees

This list is incomplete; you can help by expanding it.

The following is a list of legislation and acts created by the National Assembly:

Acts of the National Assembly

The Bills of Exchange Act [1] (1917)

Electricity Ordinance Act 1929.

The Anatomy Act [2] (1933)

Electricity Corporation of Nigeria Ordinance 1950. No. 15.

The Acts Authentication Act [3] (1962)

The Niger Dams Act 1962.

National Electric Power Authority Decree 1972. No. 24.

The Bankruptcy Act [4] (1979)

Energy Commission of Nigeria Decree 1989. No. 19

Energy Commission of Nigeria Act 1988. No 32

Electricity Act 1990

National Electricity Power Authority (NEPA) Act 1990.

The Arbitration and Conciliation Act [5] (1998)

National Electric Power Authority (Amendment) Act 1998. No. 29.

4th Parliament: 1999 - 2003

Constitution of the Federal Republic of Nigeria 1999[8]

The Criminal Code Act [6]

The Penal Code

The Child Right act 2003

National Electric Power Authority Act 2004.

Electric Power Sector Reform (EPSR) Act 2005. No. 6.

5th Parliament: 2003 - 2007

Border Communities Development Agency Act, 2003[9]

6th Parliament: 2007 - 2011

Public Procurement Act 2007[10]

7th Parliament: 2011 - 2015

Federal Capital Territory Internal Revenue Service Act 2015[11]

8th Parliament: 2015 - 2019

Trafficking in Persons (Prohibition), (Enforcement and Administration) Act, 2015[12]

Decrees of the Federal Military Government

Energy Commission of Nigeria Decree 1979. No. 62

Electricity (Amendment) Decree 1998.

NEPA (Amendment) Decree 1998.

Privatization and Commercialization Decree 1988. No. 25.

The Administration of Justice Commission Decree 1991 (No 55) [7]

The Admiralty Jurisdiction Decree 1991 (No 59) [8]

The Banks and Other Financial Institutions Decree 1991 [9]

The Central Bank of Nigeria Decree 1991 [10] (No 24)

The Exclusive Economic Zone Decree

The Land Use Decree 1978

The Petroleum Decree 1978