General Principle of Law: List of Source of Nigeria Law with terms under them

 SOURCE OF NIGERIA LAW

Before we look into The Source of Law, Let start by writing the Definition of Law. What do we understand by the Word "LAW"

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LAW

Law as a word can be seen as Rules guiding each and everyone in a given Society, Many Scholars give out definition of Law according to their Field and understanding but Law is best defined as "The Body of Rules and Regulations that Guide or Regulate Human Conduct or Behaviour" 

There are many source of Nigeria Law but we are going to look into only the main Source of the Law. The main source of Nigeria Law are as follows:

1. The Nigeria Legislation and Statute Law
2. The Received English Law 
3. Customary Law and Islamic Law
4. Judicial Precedent 
5. International Law

The Nigeria Legislation and Statute Law 

It contains two aspect which is Statutes and Subsidiary Legislations. Statues are laws made by the Legislature and it's so duly constituted and authorized to enact Laws while subsidiary Legislations are laws so enacted in Exercise of the powers given by main Statutes.

The Received English Law

The English Law consists of Common Law, Doctrine of Equity, Statues and Subsidiary Legislations.

By 1863, English Law was introduced into The Colony of Lagos.

So let look into the aspect of English Law by picking out it's consists one after the other 

• Common Law simply means the Law that was common to all England Nation including Wales and distinguished from mere local Laws.
• Doctrines of Equity simply means Fairness and it developed as a form of Appeal (on the decisions based on common Law). Doctrines of Equity is a case law system developed by the court of Chancery in England to mitigate the harshness of the common Law system.

Customary Law

Customary Law is the Traditional law of the people in a given community. The Law varies from culture to culture, Yoruba culture is different from Other Tribe culture, the likes of Hausa/Fulani, Igbo, Ebira, Efik, Tiv and others.

Islamic Law

This is a divine Law which derives it's origin from Qur'an, this Law is mostly Practiceed in the Northern part of Nigeria. The Islamic Law was introduced into the Nigeria Legal system in the year 1956.

Judicial Precedent

This as a source of Law is essentially premised on case Laws the doctrine of binding precedent or Standing by past Decision. Its just follow up of case that are already decided by the supreme Court.

There are some term under the Judicial Precedent which we are going to discuss below 👇

Stare Decisis: This is a Latin word meaning "To stand by decided Cases" or "Standing by past Decision"

Ratio Decidendi: Ratio Decidendi is a Latin phrase meaning "The Reason" or "The main Rationale for the Decision".

Orbiter Dictum: This is a statement made that is unnecessary for the decision in a Case. It is refers as Judge's comments, in passing, on a matter arising in a Case before him which does not require a decision.

 

International Law

Other source of Nigeria Law include Rules of Public international Law and those of customary international Law.

Above are the Main Source of the Nigeria Law.

Why do Student need to study Source of Nigeria Law?

The study of the Source of Nigeria Law is important for reasons below 👇

• The study of the source of laws facilitates an understanding of the processes by which law derives it's validity.
• It affords an understanding of the various ways to which the Law guilding  the Society is made.
• It affords the means by which Authoritative written materials are derived.

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