Meaning of Nigerian Legal system

A legal system refers to the structure and processes a society uses to create, interpret, and
enforce its laws. It ensures that justice is maintained, and people's rights and duties are clearly
defined and protected.
However, a legal system consists of four main elements:
1. Laws:
These are the rules and regulations created by the government or other recognized
authority. They guide behavior and help maintain order in society. Examples in Nigeria
include the Constitution, statutes passed by the National Assembly, customary laws, and
Sharia law (in some states).
2. Courts:
These are the institutions where legal cases are heard and decided. In Nigeria, this
includes the Supreme Court, Court of Appeal, Federal High Courts, State High Courts,
Customary and Sharia Courts, etc.
3. Personnel of the Law:
These are the people who work within the legal system to ensure justice is carried out.
They include judges, lawyers, magistrates, police officers, and other law enforcement
agents.
4. Administration of Justice System:
This refers to the entire process and structure through which justice is delivered in the
society. It includes how laws are applied, how cases move through the courts, and how
judgments are enforced.
Nigerian Legal System
So, when we talk about the Nigerian Legal System, we are referring to:
 The laws operating in Nigeria (including constitutional, statutory, customary, and Islamic
laws),
 The courts that interpret and enforce those laws,
 The legal personnel who ensure the system functions properly,
 And the overall system that manages how justice is delivered to the people.
This system is influenced by Nigeria's history (especially colonialism), cultural diversity, and the
federal structure of the country.
Features of Nigerian Legal System
Duality in the Nigerian Legal System: Duality means the coexistence of two main legal
traditions: English Law (introduced by British colonial rule), and Customary Law (indigenous
laws based on local traditions and customs). This dual structure exists because when the British
colonized Nigeria, they did not entirely abolish the local laws and customs. Instead, they
introduced English common law and allowed customary laws to continue operating in areas not
covered by English law, especially in personal and family matters.
So today, Nigeria’s legal system combines: Formal English-based legal system: used for criminal
law, commercial law, constitutional matters, etc. and Customary and Islamic systems: used
mostly for personal law like marriage, divorce, inheritance, and land matters in traditional
communities.
This duality makes the Nigerian legal system pluralistic meaning it runs more than one legal
system side-by-side.
As a result of the colonial influence and the subsequent imposition of English law, Nigerian legal
system has acquired a dual structure comprising customary and English
External Influence on Nigerian Law: Islamic Law: Introduced through religious influence,
particularly in the North, where it replaced many indigenous customs. English Law: Due to
colonial rule, English law greatly shaped Nigeria’s legal system. Even today, Nigerian statutes
and legal procedures often mirror English practices. For example: The Criminal Code and
Matrimonial Causes Act resemble laws from Queensland, Australia (a former British colony).
The Penal Code (used in Northern Nigeria) is modeled after the Sudanese Penal Code, which
itself was shaped by Islamic and colonial law.
Geo-cultural Diversity: Nigeria has over 250 ethnic groups, each with its own customs,
beliefs, and legal traditions. This cultural diversity affects: The application of customary law
(which varies from one community to another). The challenge of creating a unified or
harmonized legal system, because one rule may not apply across all regions.
System of Precedents (Stare Decisis): Nigeria follows the principle of stare decisis, meaning
courts must follow past judicial decisions (precedents). Higher court decisions bind lower
courts. This system promotes legal certainty, predictability, and consistency.
However, higher courts (especially the Supreme Court) can overrule past decisions in special
cases.
Judicial Hierarchy: Nigeria’s courts are arranged in a hierarchical pyramid: Supreme Court
– highest court, final appeal, and limited original jurisdiction. Court of Appeal – hears appeals
from lower courts. Federal and State High Courts Lower Courts – such as Magistrate Courts,
Customary Courts, and Sharia Courts.
Although state and federal courts have different jurisdictions, they operate under one unified
judicial authority. Fusion of the Legal Profession. In Nigeria, lawyers are trained to act as
both: Barristers (who argue cases in court) and Solicitors (who offer legal advice and handle
documentation).
This fusion means one legal practitioner can perform both roles. After university and law school,
they are called to the Nigerian Bar and registered as Solicitor and Advocate of the Supreme
Court.
Military Influence: Nigeria has experienced multiple military regimes since independence.
During these periods, democratic institutions were suspended or altered.
However, the judiciary remained largely intact and functional, showing resilience. Some
military decrees and laws still influence Nigeria’s legal framework today.
Historical development of the Nigerian legal framework
Pre-Colonial Era (Before 1861): Before colonial rule, the various ethnic groups in what is now
Nigeria operated their own indigenous legal systems, which were: Customary laws for most
ethnic groups (Yoruba, Igbo, Tiv, etc.) Islamic law (Sharia) in parts of the North, especially
after the Fulani Jihad (1804–1808) led by Usman dan Fodio. This led to the establishment of
the Sokoto Caliphate, where Islamic law governed most aspects of life.
These systems were: Unwritten, flexible, and adapted to local customs and religious beliefs.
Enforced by chiefs, emirs, community elders, and religious leaders. Focused more on
reconciliation and restoration than punishment.
Colonial Era (1861–1960): The modern Nigerian legal system began with British colonization.
The British introduced English Common Law and created formal courts, codified laws, and
legal institutions.
Annexation of Lagos (1861): The Treaty of Cession brought Lagos under British control,
leading to the first introduction of English law through the Supreme Court Ordinance of
1876.
Expansion of British Control: Over time, the British extended their influence over other parts
of Nigeria using treaties, conquest, and indirect rule. Each region (North, East, West) had
different administrative and legal developments.
Application of English Law: The British applied English law through:
Received English Law: The Reception Clause in various ordinances brought English common
law, doctrines of equity, and statutes of general application into Nigeria (notably in 1900 and
again in the Interpretation Act of 1964).
Established Courts: Magistrate courts, Supreme Courts (regional), and Native Courts.
Recognition of Customary and Islamic Law: Through indirect rule, the British allowed local
laws to function in Native Courts provided they were not "repugnant to natural justice, equity,
and good conscience" (the Repugnancy Test).
Colonial influence and post-independence developments on the Nigerian legal system,
focusing on how these two historical phases shaped the country's laws, courts, and legal
institutions.
Colonial Influence on Nigerian Legal System: The colonial period, particularly British rule
(1861–1960), had a profound and lasting impact on Nigeria's legal framework.
Introduction of English Law: With the annexation of Lagos in 1861, the British began applying
English common law, equity, and statutes of general application through the Reception Clause in
colonial ordinances (e.g., the Supreme Court Ordinance of 1876). English law was received
formally into Nigeria through laws such as the Supreme Court Proclamation of 1900 and later in
the Interpretation Act of 1964 (post-independence), which retained many English legal
principles.
Establishment of Western-Style Courts: Colonial authorities set up a system of courts:
Magistrate Courts, Supreme Courts for each region, Native Courts for indigenous and customary
matters. These courts introduced formal legal processes like written procedures, advocacy,
judicial precedent, and strict rules of evidence.
Dual Legal System: The British employed indirect rule, allowing customary and Islamic laws to
continue in Native/Alkali Courts, provided they did not conflict with English legal standards
(using the Repugnancy Test, Incompatibility Test, and Public Policy Test). This created a plural
legal system with overlapping authorities—English law, Islamic law, and customary law. Legal
Education and Profession: The British modelled legal training after their own system.
Nigerians trained in England became lawyers and judges. The legal profession was structured
around barristers and solicitors, a tradition continued post-independence but later fused into a
single profession in Nigeria.
Post-Independence Developments: After Nigeria gained independence in 1960, there were
efforts to localize, modernize, and constitutionalize the legal system.
Constitutional Evolution: Nigeria adopted new constitutions:
o 1960 Constitution – parliamentary system, retained the Queen as head of state.
o 1963 Constitution – republic status, Nigerian President became head of state.
o 1979 Constitution – introduced a U.S.-style presidential system.
o 1999 Constitution (as amended) – currently in force, emphasizes federalism,
separation of powers, and fundamental human rights.
Legal Localization and Reforms: Nigeria began replacing colonial statutes and adapting laws
to suit its local context: The Criminal Code (South) and Penal Code (North) were developed
with influence from Queensland (Australia) and Sudan, respectively. Establishment of Nigerian
Law School (1962) to train legal practitioners locally. Unified legal profession: lawyers now
qualify as barristers and solicitors of the Supreme Court of Nigeria.
Military Rule and Legal Impact: Military regimes (1966–1979, 1983–1999)
affected constitutional development:
o Civilian constitutions were suspended.
o Decrees and edicts governed legal affairs.
o Despite authoritarianism, courts remained functional and helped preserve legal
continuity.
Judicial and Institutional Development
 Nigeria developed a hierarchical judiciary:
o Supreme Court (apex)
o Court of Appeal
o Federal and State High Courts
o Customary and Sharia Courts
Emphasis on judicial precedent (stare decisis) and judicial independence
Sources of Nigerian Legal System

English Law in Nigeria and Legal Reception

Following the Berlin Conference (1884–1885), Britain was given authority
over territories along the Nigerian coast, particularly from Lagos to Calabar.
Nigeria was administered as a British protectorate, and English legal
traditions were introduced to manage administration and commerce. As a
result, laws were applied in Nigeria that were enacted before the country was
formally recognized or unified.
English law, which includes statutes, common law, and equity, was
introduced to Nigeria during colonial rule and continues to shape Nigerian
legal practice.

 Statutes of General Application::These are laws enacted by the British Parliament that
were in force in England on January 1, 1900, and were extended to Nigeria. They apply
to all parts of Nigeria except the former Western and Mid-Western regions, which
enacted their own legislation.
 Common Law: This refers to judge-made law that develops through decisions of English
courts.. Common law principles, such as the presumption of innocence or the doctrine of
precedent, have been received into Nigerian jurisprudence.
 Doctrine of Equity: Developed to mitigate the rigidity of common law, equity introduces
fairness and conscience into legal decisions (e.g., trusts, fiduciary duties). Equity
complements common law in Nigeria and is applied concurrently.

These Received English Laws are part of Nigeria’s colonial legal heritage. Even after
independence in 1960, many of these laws remain in effect unless specifically repealed or
replaced by local legislation. Since independence, statutory enactments by Nigerian legislative
bodies (Federal and State) have increasingly shaped the legal landscape, reducing reliance on
colonial laws.

Over time, Nigeria has developed its own body of laws through: Federal and
State legislatures. The Nigerian Constitution (currently the 1999
Constitution, as amended). Judicial decisions from Nigerian courts that adapt
common law and equity to local contexts.

Customary Law in Nigeria

Customary Law refers to the traditional norms, practices, and customs of the indigenous
peoples of Nigeria, which are accepted and recognized as binding by the community. It is one of
the sources of Nigerian law, alongside English law, legislation, and Islamic law.

Characteristics of Customary Law

1. Unwritten and Flexible:
o Customary law is largely unwritten, passed down through oral
tradition.
o It evolves with societal changes, making it flexible and
adaptable.

2. Community-Specific:
o Customary law is not uniform across Nigeria.
o Each ethnic group or community may have distinct customs, e.g.,
the Igbo, Yoruba, Hausa, Tiv, etc.
 3. Based on Tradition and Usage:
o It reflects long-standing practices and norms accepted by
members of the community as obligatory.

4. Personal in Nature:
o Customary law typically applies based on ethnic affiliation or
personal choice (especially in matters of family law).

5. Non-Universal:
o It does not apply to everyone in the same way, unlike statutory
law.
o A custom valid in one region may not be recognized in another.

6. Enforced by Traditional Institutions:

o Customary courts or traditional rulers often play a role in
enforcing customary laws, particularly in rural areas.

7. Recognized by the Constitution and Judiciary:

o Customary law is recognized under Nigerian law provided it is
not repugnant to natural justice, equity, and good
conscience.

Application of Customary Law

Customary law is commonly applied in the following areas:

1. Marriage and Divorce:

o Customary marriage practices (e.g., bride price, family consent).
o Divorce procedures based on traditional norms.

2. Inheritance and Succession:

o Rules of inheritance under customary law vary between
patrilineal (e.g., Igbo) and matrilineal systems.

3. Land Tenure:
o Customary landholding systems govern access, use, and transfer
of land within communities.

4. Chieftaincy and Traditional Rulership:

o Customary law regulates succession to traditional titles and
governance roles.

5. Dispute Resolution:
o Traditional councils and customary courts settle disputes based
on local customs.
 6. Family and Clan Relations:
o Customary law dictates responsibilities within extended families,
kinship, and community relations.

Limitations of Customary Law

1. Repugnancy Test:
o A customary law is not enforceable if it is repugnant to natural
justice, equity, and good conscience.
o Example: Customs that deny women the right to inherit property
have been struck down by Nigerian courts.

2. Inconsistency with Statutory Law:

o Where customary law conflicts with written laws or the
Constitution, it is rendered invalid.

3. Proof and Uncertainty:

o Being unwritten, customary laws often require oral evidence to
prove their existence, leading to disputes and inconsistencies.

4. Gender Discrimination:
o Many customary laws reflect patriarchal traditions, limiting
women’s rights in marriage, property, and inheritance.

5. Limited Jurisdiction:
o Customary courts have limited jurisdiction and cannot handle
criminal cases or matters involving non-customary parties unless
both agree.

6. Conflict of Customs:
o In multi-ethnic communities or inter-tribal disputes, determining
the applicable customary law can be complex.

Generally, Customary law remains an integral part of the Nigerian legal

system due to its cultural relevance and deep-rooted acceptance in many
communities. However, its application is subject to constitutional scrutiny
and evolving judicial standards, especially concerning human rights,
equality, and fairness.

Islamic Law in Nigeria

Also known as Sharia Law, Islamic law in Nigeria is derived from the Qur’an, Hadith (sayings
and practices of Prophet Muhammad), Ijma (consensus), and Qiyas (analogical reasoning). It is
a major source of law in certain regions of Nigeria, particularly in the predominantly Muslim
northern states.
Nature of Islamic Law
1. Divine Origin:
o Islamic law is considered to be of divine origin, revealed by
Allah through the Qur’an and explained through the Sunnah of
the Prophet Muhammad.

2. Comprehensive Legal System:

o It governs not only religious and moral obligations but also legal
issues such as marriage, inheritance, contracts, criminal
law, and commerce.

3. Religious and Ethical Foundation:

o Islamic law emphasizes justice, equity, compassion, and
social responsibility.
o It is closely tied to the Islamic faith and considered a guide for
leading a righteous life.

4. Codified and Interpreted:

o In Nigeria, Sharia law has been codified in some states for
easier application in modern courts, though interpretations may
still vary.

Operation of Islamic Law in Nigeria

1. Application in Northern States:
o Islamic law is practiced primarily in 12 northern Nigerian
states, including Kano, Zamfara, Sokoto, Katsina, Bauchi, and
others.
o These states have formally adopted Sharia in both civil and
criminal law.

2. Sharia Courts:
o Sharia law is enforced through a three-tier court system:
 Sharia Courts (lower courts)
 Sharia Court of Appeal (at the state level)
 Federal Sharia Court of Appeal (for appeals, where
applicable)

3. Applicable to Muslims:
o Sharia law applies only to Muslims who voluntarily submit to its
jurisdiction.
o Non-Muslims are not bound by Sharia law and may opt out in
favor of customary or statutory courts.
 4. Areas of Application:
o Personal Law: Marriage, divorce, child custody, maintenance,
succession, and inheritance.
o Civil Obligations: Debts, contracts, torts, trusts.
o Criminal Law: Includes hudud (fixed punishments), qisas
(retaliation), and ta’zir (discretionary punishment) offences.
o Note: Criminal Sharia law is controversial and subject to national
and international scrutiny.

Jurisdiction of Islamic Law

1. Personal Jurisdiction

 Islamic law applies only to Muslims in Nigeria, especially in personal

matters.
 Non-Muslims cannot be compelled to be tried under Sharia, even in
states where Sharia has been fully implemented.

2. Subject Matter Jurisdiction

 Personal Law: Sharia courts have full jurisdiction over Muslims in

matters such as:
o Marriage and divorce
o Inheritance and succession
o Religious endowments (waqf)
 Criminal Law: In some northern states, Sharia courts handle:
o Theft, adultery, apostasy, alcohol consumption, and other
offences defined under Islamic law.

3. Geographic Jurisdiction

 Sharia law is fully operative in 12 northern states, where state

legislation has incorporated it into their legal systems.
 In other parts of Nigeria, Islamic law may apply informally or in
personal matters only, particularly through customary and religious
courts.

Challenges and Controversies

1. Human Rights Concerns:
o Some Sharia criminal punishments (e.g., amputation, stoning)
raise international human rights issues.

2. Constitutional Tension:
 o Nigeria’s Constitution guarantees freedom of religion and
secular governance.
o The use of Sharia in criminal law sometimes creates tension
between state and federal law.

3. Religious Diversity:
o In mixed communities, applying Sharia law must be carefully
managed to avoid religious conflict and discrimination.

4. Gender Equality:
o Some interpretations of Islamic law are seen to disadvantage
women, particularly in areas like inheritance and testimony.

Generally, Islamic law plays a significant role in

Nigeria’s legal system, especially in the northern states,
where it operates alongside customary and statutory law
in a plural legal system. While it serves the religious
and cultural needs of Muslim communities, its application
—especially in criminal matters—continues to generate
legal and constitutional debates in a multi-religious,
democratic society like Nigeria.