The Nigerian Legal System: A Modern Approach Book And eBook

A Modern Approach to the Nigerian Legal System

Welcome to the companion website of the Nigerian legal system book and eBook (e-Book), Nigerian Legal System: A Fundamental Approach, authored by Dr. Leesi Ebenezer Mitee. This book on the Nigerian legal system is being revised by the author, and it will soon be available in both eBook and print editions.

The book promises to be unique, useful book on the Nigerian legal system, as it adopts a modern and unique approach to the discussion of the concept of legal system in the Nigerian context, which is different from the existing traditional approach.

Dr. Leesi Ebenezer Mitee is a law lecturer; a legal informaticist; the pioneer advocate, worldwide, for the universal recognition of the right of free access to public legal information as a human right; and author of several innovative articles in reputed international law journals.

Below are excerpts from the first edition of his book on the Nigerian legal system that he wrote in 2001, which is being revised completely to reflect the latest developments in the concept of legal system.

NOTE: The information contained here is copyrighted and therefore cannot be reproduced by any person online or in print without the written permission of the author, Leesi Ebenezer Mitee. The author uses plagiarism technology to monitor these contents, and will take every legal action against any person who infringes his copyright. Nigerian bloggers, especially, are known for criminal reproduction of online content. It is a very shameful practice, indeed.

Definition of Legal System

We may define a legal system as the entire organised structure or framework which determines, and defines the body of law, rules and regulations applicable in a particular political entity, and creates the machinery and institutions for the administration, dispensation and enforcement of justice therein. From the foregoing definition, it is obvious that legal systems differ from one sovereign State to the other. Thus, different legal systems exist, for instance, in the United States of America, Britain, Nigeria, South Africa, Saudi Arabia, Germany, and Australia.

Nigerian Legal System and British Imperialism

Nigerian legal system is a relic of the century-old British imperialism that brought about the imposition of alien English legal system on our traditional legal structures and institutions. Nigerian organic norms and values were thus largely displaced. Lagos was created a British colony in 1862. In that same year, a court was established there, and five statutes (called “Ordinances”) were applicable to the colony. . . .

Today, that colonial history still wields an abiding, nay, compelling influence on every aspect the Nigerian legal system. The independence Nigeria got on 1 October 1960 is yet to be perfected in the legal domain. The situation is humiliating, ridiculous, and retrogressive. For instance, certain obsolete English statutes that were in force on 1 January 1900 (more than 100 years ago) styled “statutes of general application” constitute a source of Nigerian law today!

Basic Components of the Legal System in Nigeria

Nigerian Legislative System

Nigerian legislative system is a component of the Nigerian legal system. Section 4 of the Constitution of the Federal Republic of Nigeria 1999 defines the legislative powers of the Federal Republic of Nigeria and those of each State of the Federation as follows:

4. (1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.

Part I, Second Schedule

(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say –

Part II, Second Schedule

• any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
• any other matter with respect to which it is empowered to make replica automatic rolex datejust 16233bkdj rolex calibre 2836 2813 mens laws in accordance with the provisions of this Constitution.

(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall to the extent of the inconsistency be void.

(6) The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.

(7) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say –

Part I, Second Schedule

• any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution;

Part II, Second Schedule

• any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
• any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(8) Save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.

(9) Notwithstanding the foregoing provisions of this section, the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect.

Nigerian Court System

Another component of the Nigerian legal system is the administration of justice which is the basic function of the judiciary that is usually one of the three arms of Government in a democratic setting. The other arms of Government are the executive and the legislature.

The courts are empowered to resolve disputes through the dispensation of justice guaranteed under section 6 of the Constitution of the Federal Republic of Nigeria 1999, which confers judicial powers on them.

Nigerian System of Criminal Justice

The Nigerian legal system operates the accusatorial or adversary system of criminal justice, in contradistinction to the inquisitorial system. The  accusatorial system is one that thrives upon the statutory presumption of innocence of a person alleged to have committed a criminal offence (an accused person). The onus or duty of proving that the accused person is guilty of the offence in respect of which he has been formally charged rests on the prosecution that conducts the trial, usually on behalf of and with the resources of the State (Government).

The Judge acts as an unbiased umpire who must not descend into the arena of trial. Here, the accused person is under no duty to prove his innocence, but merely to avail himself of every lawful defence which may cast reasonable doubt on the case of the prosecution. Whenever that happens, the doubt must be resolved in favour of the accused person whereupon he ought to be discharged and acquitted. Common-law systems, as in the United States of America, England, Wales, Ghana, Nigeria, etc. adopt the accusatorial procedure.

Nigerian Law Enforcement System

The machinery for maintenance of law and order is an indispensable aspect of browse around this site every legal system, including the Nigerian legal system. Section 4 of the Nigeria Police Act 1943 provides for the general duties of the police as follows:

4. The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or without Nigeria as may be required by them by, or under the authority of, this or any other Act.

Obviously, law is an agency of social control as propounded by Roscoe Pound, an eminent American jurist of the famous Harvard Law School, whose seminal concept of law as an instrument of social engineering commands great respect in jurisprudence. Without the law, society will degenerate into a state of survival of the fittest, a state of anarchy and laissez-faire. There is an old Jewish saying that “without the law civilisation ceases.”

The Nigeria Police Force exists as an indispensable component of the Nigerian legal system in order to accomplish the aforesaid noble role of law. The police are indispensable to the maintenance of law and order in Nigeria, in spite of their poor condition of service, and lack of proper training, necessary equipment and infrastructure.

Nigerian Prison System

The prison system is another crucial component of the Nigerian legal system. The Nigerian Prisons Act 1972 makes provisions for the establishment and administration of prisons in Nigeria. Section 2(1) of the said Act stipulates that the Minister of Internal Affairs may, by order in the Federal Gazette, declare any building or place in Nigeria to be a prison and by the same or a subsequent order specify the area for which the prison is established.

It is noteworthy that prisons constitute item 48 on the Exclusive Legislative List in Part I of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999. The implication is that only the National Assembly (Federal Government) can make laws governing prisons in Nigeria.

The Complex Structure of the Legal System in Nigeria

The Nigerian legal system is a complex structure that comprises several components in a country that is as diverse as the Federal Republic of Nigeria. It is estimated, according to the United States Central Intelligence Agency’s The World Factbook, that Nigeria has more than 250 ethnic nationalities and more than 500 indigenous languages. One implication of this diversity for the Nigerian legal system is the multiplicity of indigenous customary law that varies from community to community. Religious diversity also has its implication for the Nigerian legal system, with customary law in the predominantly Christian South and Islamic personal law in the predominantly Muslim North. Today, the Nigeria operates a plural legal system comprising the English legal system, customary legal system in Southern Nigeria, and Islamic legal system in Northern Nigeria.

The Nigerian Legal System: A Modern Approach

The Nigerian legal system book and eBook (e-Book) by Dr. Leesi Ebenezer Mitee is being written to provide a new, modern approach to the concept of legal system, as it applies specifically to Nigeria. It is the second edition of his book, Nigerian Legal System: A Fundamental approach, that he wrote in 2001. Many changes have taken place since the book was written – at the Nigerian national level and at the international level – and it has become necessary to include the relevant changes in a modern book on the Nigerian legal system. It aims to be the best Nigerian legal system book and eBook (e-Book), based on its new approach and modern perspective.

Nigerian Legal System: The Indispensability of eBooks (e-Books)

In today’s world of unprecedented developments in information and communications technology (ICT), eBooks (e-Books) – electronic or digital books – are now indispensable for several compelling reasons. For instance, eBooks are versatile, portable, cheap, and durable, unlike print books. This versatility provides the best reading experience. For example, you can adjust the colour of the background, as well as the colour and size of texts for optimal accessibility. You go everywhere with your library of even a million books in your laptop, tablet, eBook reader, etc. The Nigerian legal system eBook (e-Book) will surely be a worthy companion.

Thank you so much for visiting this webpage.

Book author

Dr. Leesi Ebenezer Mitee
Doctor of Philosophy (PhD) with specialisation in International Human Rights Law, Legal Informatics (the application of information technology to legal processes and legal information systems), Indigenous Customary Law, and Indigenous Rights; Master of Laws (LLM); Postgraduate Professional Legal Practice Certificate (BL); Bachelor of Laws (BL); Higher National Diploma (HND) in Town & Country Planning

Contact

Click here to contact the author of this book, Dr. Leesi Ebenezer Mitee.