LAW DEFINITION

“A rule or body of rules made by institutions, bodies, and

persons vested with the power to make such rules which
are binding and enforced among members of a given state
or society.” From the above def inition, it can be seen that
for law to be enforceable, it has to be made by persons
authorised to do so by the society.
Types and Classi cations of Law
Types of Law
Eternal Law: The word eternal means something that
would last forever. Eternal laws are laws that have applied
since the beginning of time and would exist till the end of
time. These laws cannot be changed. A very good example
of eternal law is the law of gravity. From the inception of
time, it has been understood that what goes up must
come down. This law would not be changed and it is right
to be regarded as eternal.
Divine Law: Divine Law is referred to as laws made by a
deity to govern the af fairs of man. A good example of
divine law can be found in Islamic law as postulated in the
Quran. These laws are said to be given by God to the
Prophet Muhammed in order to guide the af fairs of man.
The logic behind the use of divine law stems from the fact
that God, accepted as all knowing and all wise, is in the
best position to make laws for the use of mankind.
Natural Law: In the legal sense, natural law can be said
to be law as espoused by the natural law theorists. This
law is said to be the law that is innate in all mankind and
can be deduced through the use of reason. For example, it
is accepted in all cultures that murder is wrong and should
be punished. Natural law is said to be the guide which
positive law must follow in order for it to be valid. If positive
law is at variance with natural law, it could lead to injustice
Positive or Human Law: Positive Law can also be regarded as
human law. These are laws made by man in order to guide the
conduct of members of the society. They are laws made by persons
given the authority to do so either directly or indirectly by the
society. Legal positivism does not concern itself with morals. Once a
law has been enacted by persons in authority, it is valid. According
to Professor HLA Hart, a positivist, “Law is a command and there is
no necessary connection between law and morals or law as it is (lex
lata) and law as it ought to be ( de lege ferenda).” Examples of
positivist law include the 1999 Constitution, Company and Allied
Matters Act, Banks and Other Financial Institutions Act and a host
of others enacted by man.
Classi cations of Law
Public and Private Law: Public Law can be def ined
as that aspect of law that deals with the
relationship between the state, its citizens, and
other states. It is one that governs the relationship
between a higher party - the state- and a lower
one, the citizens. Examples of public law include
Constitutional Law, Administrative Law, Criminal
Law, International Law, and so on. Private law, on
the other hand, is that category of the law that
Civil Law and Criminal Law:
Civil law in this regard can be def ined as the aspect of law that
deals with the relationship between citizens and provides means
for remedies if the right of a citizen is breached. Examples of civil
law include the Law of Contract, the Law of Torts, Family Law, etc.
Criminal Law, on the other hand, can be referred to as that aspect
of law which regulates crime in the society. It punishes acts which
are considered harmful to the society at large. An example of
criminal law is the Criminal Code Act which is applicable in the
Southern part of Nigeria. When treating a criminal case, the
standard of proof to be used is proof beyond reasonable doubt as
stated in section 135 of the Evidence Act 2011. Also, the burden of
proof does not shift from the prosecution. What this means is that
before a conviction can be gotten, the state has to prove the
commission of the crime until it is beyond reasonable doubt that
the crime was committed by the accused. On the other hand, in
civil cases, the standard of proof is on the balance of probabilities
as stated in section 134 of the Evidence Act 2011. Also, the burden of
proof shifts between both parties when they need to establish their
case. Judgement normally goes in favour of the particular party
Substantive and Procedural Law: Substantive Law is the
main body of the law dealing with a particular area of law.
For example, the substantive law in relation to Criminal
Law includes the Criminal Code Act and the Penal Code
Act. Procedural law, on the other hand, is law that deals
with the process which the courts must follow in order to
enforce the substantive law. Examples include the rules of
the various courts and the Administration of Criminal
Justice Act 2015, which is the procedural law in relation to
the Criminal Code Act and the Penal Code Act.
Municipal/Domestic and International Law: Municipal/Domestic
law is the aspect of law which emanates from and has ef fect on
members of a specif ic state. An example of a municipal Nigerian
law is the Constitution of the Federal Republic of Nigeria 1999(as
amended) which applies in only Nigeria. International law, on the
other hand, is the law between countries. It regulates the
relationship between di erent independent countries and is usually
in the form of treaties, international customs, etc. Examples of
International law include the Universal Declaration of Human
Rights and the African Charter on Human and People’s Rights. It
should be noted that according to the provision of section 12(1) of
the 1999 Constitution (as amended), international treaties cannot
have the force of law in Nigeria except they are enacted by the
Written and Unwritten Law: A law would not be regarded as
written just because it is written down in a document. Written laws
are those laws that have been validly enacted by the legislature of a
country. Unwritten laws, on the other hand, are those laws that are
not enacted by the legislature. They include both customary and
case law. Customary Law as part of its basic characteristic is
generally unwritten. Case law, though written down in a
documentary format, would be regarded as unwritten law based on
the fact that it is not enacted by the legislature. An example of this is
the good neighbour principle established in the case of Donoghue v.
Stevenson. The principle posits that manufacturers of products
should take utmost care in their manufacturing activities to ensure
that the consumption of their product doesn’t result in harm to the
consumer. This principle is not enacted in a statute but is a case law
Common Law and Equity: In the legal sense, the term
common law means the law developed by the old common
law courts of the King’s Bench, the Courts of Common Pleas
and the Courts of Exchequer. The English common law is
regarded as such because it is law common to all parts of
England. It grew over time from the practices, customs and
way of life of the people. It is largely unwritten. The f irst
common law judge was the King himself. People who had
disputes usually brought them to the King to settle them.
However, due to matters of state, the king didn’t have time to
settle all cases. As a result of this, the king appointed members
of his court who were to settle disputes in his stead. These
judges had the authority of the king and any disobedience to
them was treated as disobedience to the king and so
punishment was swift. These dif ferent judges traveled the
length and breadth of the realm to settle disputes. When they
got to a particular location, they applied the customary law in
that location in order to settle disputes. Regularly, these
di erent itinerant judges would come together to compare the
They discarded customs that were thought to be insensible and accepted those which
were sensible. This led to the conglomeration of dif ferent customs which were then
applied all through the realm. This then metamorphosed into the common law of
England. However, the common law was strict, formal and full of legalism. One
example of this was in its system of writs. If an action did not f it into a writ, there was
no remedy for such action. Also, the only remedy available in common law was that of
damages.
Due to the harshness of common law, the people petitioned the King directly for
judgement. The Lord Chancellor, as the King’s Prime Minister, was the one that dealt
with most of these petitions. His court was called the Court of Chancery/Equity. The
Lord Chancellor, usually a bishop, applied the principle of fairness and natural law in
making his decisions. Subsequently, there was conf lict between the common law court
and the court of chancery. This conf li ct came to its greatest height in the Earl of
Oxford’s case. In this case, the plaintif fwas the assignee of a lease and he built a
house and planted a garden on the land. Subsequently, the defendant/owner of the
The court of equity accepted his petition and allowed him to stay on the land. The
reasoning of the Lord Chancellor, Lord Ellesmere, was that by natural law, it was only
fair and just for a person who builds a house to be able to live in that house. This
judgement prompted Lord Coke, the Chief Justice of the King’s Bench, to accuse the
Lord Chancellor of frustrating the rules of common law. The matter was brought to the
King who referred it to Lord Francis Bacon. Francis Bacon supported the court of equity
and ruled that whenever there was a clash between common law and equity, equity
would prevail.
This ruling however, did not help to completely solve the problem between the two
courts. This was due to the fact that the common law courts could only grant the
remedy of damages and thus, anyone seeking a dif ferent remedy would f irst pass
through the common law courts before going to equity. Over the years, the two
systems were merged till f inally, in 1875, the Judicature Act fused the two systems into
one court. However, although they are applied in one court, the rules of common law
and equity can be distinguished from each other. This is what prompts the statement
 DEFINITION
Civic Responsibility is def in ed as the "responsibility of a citizen"
(Dictionary.com). It is comprised of actions and attitudes associated with
democratic governance and social participation. Civic responsibility can
include participation in government, church, volunteers and memberships
of voluntary associations. Actions of civic responsibility can be displayed
in advocacy for various causes, such as political, economic, civil,
environmental or quality of life issues.
Civic means, "of, relating to, or belonging to a city, a citizen, or citizenship,
municipal or civil society.
Responsibility refers to "the state or quality of being responsible or
something for which one is responsible such as a duty, obligation or
burden"
A citizen is "a person owing loyalty to and entitled by birth or
naturalization to the protection of a state or union"
Citizenship means "a productive, responsible, caring and contributing
member of society.
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 CITIZENSHIP
The word "Citizenship" has been def ined as pertaining to a person
who under the Constitution and the laws of a particular State is a
member of the political community, owing allegiance and being
entitled to the enjoyment of some fundamental Human Rights. The
case of Herriot v. City of Seattle aptly def ined Citizens in relation to
the above def in ition. As has been noted in some cases, such
Citizenship cannot be shifted, cancelled or diluted at the will of a
Federal government. Note generally that the idea of Citizenship refers
to only natural persons in terms of human beings.
Citizenship by Birth
Under the various Nigerian Constitutions since 1979, citizenship can
be acquired in three ways: by birth, by naturalization and by
The following persons are citizens of Nigeria
by birth:
 Every person born in Nigeria before the date of
independence, either of whose parents or any of
whose grandparents belongs or belonged to a
community indigenous to Nigeria;
 Provided that a person shall not become a citizen
of Nigeria by virtue of this section if neither of his
parents nor any of his grandparents was born in
Nigeria;
 every person born in Nigeria after the date of
independence either of whose parents or any of
whose grandparents is a citizen of Nigeria; and
 every person born outside Nigeria either of whose
parents is a citizen of Nigeria.
Further see Shugaba v. Minister of Internal Af fairs, where the Court
held that the applicant could claim citizenship through his mother
whose Citizenship as a Kanuri which is a community indigenous to
Nigeria, was established. A Citizen by birth under section 30 cannot
be deprived of his citizenship under any condition by the President.
Also, certain positions such as President, Governor, inter alia, can only
be contested by Citizens by birth.
Citizenship by Registration
Section 26 of the Constitution provides that two classes of people can
become Citizens of Nigeria by registration:
 Any woman who is or has been married to a citizen of Nigeria; or

 Every person of full age and capacity born outside Nigeria any of
Section 32(1) should be noted as the section giving the President the power to
make regulations, not inconsistent with the chapter on Citizenship, granting
special immigrant status with full residential rights to Non-Nigerian spouses of
citizens of Nigeria who do not wish to acquire Nigerian Citizenship. The content of
such residential rights would also include the enjoyment of the fundamental rights
provided for in the Constitution.
Also, for a person to become a Nigerian citizen by registration through either of his
or her grandparents under the section, he must be of full age and capacity which
under the Nigerian Constitution, would be the age of 18 years, by which time a
person can vote. Up till the age of capacity, the parents presumably make the
choice of citizenship.
To be qualif ied for registration under this section, an applicant must satisfy the
President that he is of good character, has shown a clear intention of his desire to
be domiciled in Nigeria, and has taken the oath of allegiance. A citizen by
Citizenship by naturalization
This process is contained in section 27 of the Constitution with much more
stringent measures attached to it. Such a person, once quali ed to gain citizenship,
may apply to the President for the grant of a certif icate of naturalization once he
can satisfy the President that:
 he is a person of full age and capacity;
 he is a person of good character;
 he has shown a clear intention of his desire to be domiciled in Nigeria;
 he is, in the opinion of the Governor of the State where he is or he proposes to
be resident, acceptable to the local community in which he is to live
permanently, and has been assimilated into the way of life of Nigerians in that
part of the Federation;
 he is a person who has made or is capable of making useful contribution to
the advancement; progress and well-being of Nigeria;
 he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this
Constitution; and
 he has, immediately preceding the date of his application, either- resided in
Nigeria for a continuous period of f if teen years; or resided in Nigeria
continuously for a period of twelve months, and during the period of twenty
years immediately preceding that period of twelve months has resided in
Nigeria for periods amounting in the aggregate to not less than fteen years.
Dual Citizenship
Under section 28 of the 1999 constitution, a citizen by birth can
acquire the citizenship of another country without renouncing his
Nigerian Citizenship. Also, citizens by registration and naturalization
can retain their citizenship by birth and acquire Nigerian citizenship.
They must however within twelve months of the grant of the
certi cate of registration or naturalization, renounce the citizenship
of any other country other than that of the citizenship of their birth.
Renunciation of Citizenship
Section 29 of the Constitution makes provisions for the manner in
which a Nigerian Citizen of full age can renounce his citizenship.
Section 29(4) puts "full age" at 18 years. Such a person must make a
declaration of renunciation in the prescribed manner by the
President and the declaration shall be registered, after which the
person ceases to be a Nigerian. The President may however
withhold such registration if made during a war in which Nigeria is
involved or if in his opinion, it is otherwise contrary to Public Policy.
Deprivation of Citizenship
Only a Citizen by birth cannot be deprived of his Citizenship for any
reason whatsoever. According to section 30, the President cannot
deprive a Citizen by Naturalization of his citizenship if he is satis ed
that within seven years of his becoming naturalized, he has been
sentenced to imprisonment for a term not less than three years. The
President can deprive both a naturalized and registered citizen of
their citizenship if from the record of proceedings of a Court or
Tribunal, after due inquiry, he is satisf ie d that such a person is
disloyal to Nigeria in any particular way.
Participation, nonprof it organizations prosper from their giving of
time and money.
Service learning directly relates to civic responsibility and ties to the
philanthropic sector by students learning through the completion of
projects within communities. Examples of organizations supporting
service learning include Youth Service America, the Points of Light
Foundation and the Dorothy A. Johnson Center for Philanthropy at
Grand Valley State University.
Key Related Ideas
Service-learning is a process of learning civic responsibility that
involves problem-solving and learning about issues and interacting
with community. Through service learning, citizens participate in
projects to help or serve the identif ied needs of the community. By
learning about community assets and needs and actually doing work,
citizens experience the value and impact of giving to people and
learn to be productive members of society.
Volunteering is a form of civic responsibility, which involves the giving
of time or labor without the expectation of monetary compensation.
Many people volunteer through local churches, animal shelters or
food banks. Volunteering allows citizens the opportunity to share their
skills and talents as well as the to learn new skills while helping those
in need of assistance.
Civic Education is a method in which to teach civic responsibility.
According to the Center of Civic Education, it is a way to promote and
enlighten responsible citizenry committed to democratic principles.
Civic education is a means to actively engage people in the practice
of democracy in the United States and other countries (Center for
Civic Education).
Judicial and fundamental rights are essential concepts in
the Nigerian legal system. Judicial rights refer to the rights
of individuals to seek legal remedies and enforcement of
their rights through the courts. Fundamental rights, on the
other hand, are basic rights enshrined in the Constitution
of the Federal Republic of Nigeria, such as:
 Right to life (Section 33)
 Right to dignity of the human person (Section 34)
 Right to personal liberty (Section 35)
 Right to freedom of expression and information (Section
39)
 Right to freedom of thought, conscience, and religion
(Section 38)
These rights are essential for the protection of individuals'
freedoms and are enforceable in court.
Judicial Rights:
 Right to a fair and impartial tribunal (Section 36(1))
 Right to be heard within a reasonable time (Section 36(1))
 Right to a decision based on evidence and law (Section
36(2))
 Right to appeal to a higher court (Section 241)
Fundamental Rights:
 Right to freedom of assembly and association (Section
40)
 Right to freedom of expression and information (Section
39)
 Right to participate in government and political
processes (Section 42)
 Right to social and economic rights, such as education,
Some key challenges to the enforcement of judicial and fundamental
rights in Nigeria include:
 Executive high-handedness and disregard for court orders
 Judicial delay and backlog of cases
 Limited access to legal representation and legal aid
 Corruption and bias in the judicial system
 Limited awareness and education about human rights among the
public
Some notable organizations and individuals that have contributed to
the promotion and protection of judicial and fundamental rights in
Nigeria include:
 The Nigerian Bar Association (NBA)
 The National Human Rights Commission (NHRC)
 The Civil Liberties Organization (CLO)
 The Nigerian Labour Congress (NLC)
 Human rights activists like Femi Falana, SAN, and Olisa Agbakoba,
These individuals and organizations have played a crucial
role in advocating for the respect and enforcement of
judicial and fundamental rights in Nigeria.
Basic Nigerian norms and values include:
1. Respect for elders and authority gures
2. Importance of family and community ties
3. Hospitality and welcoming nature (e.g., "Akwa Ibom“ - a
phrase in E k language meaning "welcome")
4. Respect for tradition and cultural heritage
5. Strong work ethic and entrepreneurial spirit
6. Value on education and personal development
7. Importance of religion and spirituality (with a majority
of Nigerians identifying as Christian or Muslim)
8. Love for music, art, and celebrations (e.g.,
Afrobeats, Nollywood, festivals like Eyo and
Osun Osogbo)
9. Resilience and adaptability in the face of
challenges
10. National pride and patriotism (e.g.,
celebrating Independence Day on October 1st)
11. Importance of food and cuisine (e.g., jollof rice,
suya, egusi soup)
12. Respect for the elderly and ancestors
13. Value on hard work and self-reliance
14. Importance of community service and social
responsibility
15. Love for football (soccer) and other sports.
Some common Nigerian proverbs and sayings
that re ect these values include:
 "It takes a village to raise a child"
(emphasizing community and family)
 "Respect is reciprocal" (highlighting the
importance of respect for elders and authority)
 "A child who says his mother will not sleep will
also not sleep" (teaching responsibility and
consideration for others)
 "When elephants f ig ht, it is the grass that
suf fe rs" (warning against conf li ct and
promoting peace)
Norms and values are essential components of a
society's culture, shaping individual behavior and
inf lu encing social interactions. Here's a
breakdown of the di erences between norms and
values:
*Norms:*
 Unwritten rules that govern behavior
 Expectations for how individuals should behave
in a given situation
 Often unwritten and informal
 Can vary across di erent cultures and groups
 Examples: customs, traditions, social etiquette
*Values:*
 Principles that guide behavior and decision-making
 Beliefs about what is important and desirable
 Often deeply held and personal
 Can in uence behavior and attitudes
 Examples: honesty, respect, fairness, compassion

In Nigeria, some common norms and values include:

*Norms:*
 Greeting elders with respect (e.g., bowing or prostrating)
 Sharing food and drinks with guests
 Respecting traditional authority f ig ures (e.g., chiefs,
emirs)
 Participating in communal activities (e.g., festivals,
ceremonies).
*Values:*
 Respect for elders and authority
 Importance of family and community
 Honesty and integrity
 Hard work and self-reliance
 Hospitality and generosity

These norms and values play a signif ic ant role in

shaping Nigerian culture and inf luencing individual
behavior.
Social justice and national development are closely
intertwined in Nigeria. Social justice refers to the fair
distribution of resources, opportunities, and privileges
within society, while national development
encompasses economic growth, political stability, and
In Nigeria, social justice is crucial for national development because:
1. Reduces inequality: Social justice helps address income
disparities, ensuring everyone has access to basic needs like
education, healthcare, and employment.
2. Promotes human rights: Social justice upholds human rights,
fostering a culture of respect, dignity, and freedom.
3. Encourages participation: Social justice empowers citizens to
contribute to decision-making processes, leading to more
inclusive and representative governance.
4. Fosters stability: Social justice helps mitigate con icts and social
unrest, creating a more stable environment for development.
5. Supports economic growth: Social justice ensures a more
equitable distribution of resources, leading to increased economic
opportunities and growth.
To achieve social justice and promote national development in
Nigeria, the government and civil society must work together
to:
1. Implement policies addressing poverty, inequality, and
discrimination.
2. Strengthen institutions and the rule of law.
3. Invest in education, healthcare, and social services.
4. Encourage citizen participation in governance.
5. Foster international partnerships and collaborations.
By prioritizing social justice, Nigeria can create a more
equitable and prosperous society, driving national
development and improving the lives of its citizens.