sources of nigerian law
How to write a Seminar-Showing its arrangement. Welcome back. 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. Get weekly updates on paid internships, fellowships, scholarships & grants. The most recent constitution came into effect in 1999. The head of the Court of Appeal has the title President of the Appeal Court. These sources are further classified into primary and secondary sources of Law. Its courts that are equivalent to the state courts have their Judges appointed by the President and are thus federal courts. The Supreme Court of Nigeria is the highest court in Nigeria. The Law of Nigeria consists of courts, offences, and various types of laws. The predominantly Christian southern states tend to have Customary courts and not Sharia courts. The Constitution of Nigeria is the supreme law of the country. A primary difference between both is that the President appoints justices/judges to federal courts, while State Governors appoint judges to state courts. The tenure of office of the CCT chairman and members shall expired when he attains the age of seventy years. Refresh and try again. Legislation has been described as the most important source of Nigerian law. The current constitution is the Constitution of the Federal Republic of Nigeria, 1999. However, it has appellate jurisdiction from tribunals such as the Tax Appeal Tribunal. [13], 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. The following is a list of legislation and acts created by the National Assembly: Hierarchy of the Nigerian Legal System range, Decrees of the Federal Military Government. It is presided over by a Chief Judge who is assisted by other Judges. The 1999 Constitution has been amended three times, all in 2010. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia (Islamic) Law. History, customs and traditions of the people 3. However, the predominantly Muslim northern states tend to have Sharia courts rather than Customary courts. The first two amendments deal largely with political issues … by MIJ Professional Publishers Ltd. Nigeria has its own constitution which was established on 29 May 1999. We’d love your help. 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. Sources Of Nigerian Law book. [12], 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. This is partly because all other sources of Nigerian law are considered as such by virtue of a piece of legislation or the other. [11], The Code Of Conduct Tribunal is established by the Chapter C15 Code of Conduct Bureau and Tribunal Act, No. What is the Difference Between the Theoretical and the Conceptual Framework? e/FCT, (3) the Customary Court of Appeal of a state/FCT and (4) the Sharia Court of Appeal of a state/FCT. This can be seen in S.32 interpretation acts LFN 2004 that makes sure that the received English is accepted as law in Nigeria. 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. 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). It is presided over by a Grand Khadi who is assisted by other Khadis. [1], Customary Law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of pre-colonial Yoruba land secret societies and the Èkpè and Okónkò of Igboland and Ibibioland. The English Common Law . 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. The Constitution of Nigeria is the supreme law of the country. Just below the Federal Court of Appeal are the tier 3 courts. Sharia law (also known as Islamic law) is law that is used only in the predominantly Muslim north of the country[15]. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post colonial independence. Start by marking “Sources Of Nigerian Law” as Want to Read: Error rating book. Since then eleven other states have followed suit. Primary Sources of Nigerian Law Primary sources of Nigerian law could be referred to the fundamental sources of law that have ground and binding significance. The sources of Nigerian law are: The Constitution; Legislation; English law; Customary law ; Islamic law ; Judicial precedents; 2.1. Following are some of the sources peculiar with Nigerian constitution. Give it a try, you can unsubscribe anytime. The Federal courts are: the Supreme Court, the Court of Appeal and the Federal High Court. Judgements from the Code Of Conduct Tribunal can be appealed to the tier 2 court (Federal Court of Appeal). The next highest court is the Court of Appeal, in Abuja. [citation needed] Sharia Law (also known as Islamic Law) used to be used only in Northern Nigeria, where Islam is the predominant religion. [4], The Sharia Court of Appeal of a state/FCT is the highest Sharia law court in a state/FCT. Civil sharia law has been enshrined in the various Nigerian constitutions since independence. The Law of Nigeria consists of courts, offences, and various types of laws. The Court of Appeal is mainly a court of appellate jurisdiction, however it has original jurisdiction for presidential and vice-presidential election petitions. 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). 62. Sorry, your blog cannot share posts by email. 25. Be the first to ask a question about Sources Of Nigerian Law. That is to say, primary sources of law constitute ground norms, precedents and binding authorities that determine the decision or judgment … Published There are no discussion topics on this book yet. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. : (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. Nigerian legislation is the most important because it is through Nigerian legislation that other sources of law are validated into the Nigerian jurisdiction. A List of Collective Nouns (Ships, Cows, Trees, Bees and so on). Goodreads helps you keep track of books you want to read. Let us know what’s wrong with this preview of. 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. How to Write the Scope of Study Outlining its Salient Features. How to Cram Effectively While Preparing for a Test/Exam. This consists of: (a) the received English law comprising: (i) the common law; (ii) the doctrines of equity; (iii) statutes of general application in force in England on January 1, 1900; (iv) … 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. English common law (a colonial inheritance) 2. The Supreme Court is mainly a court of appellate jurisdiction and is the final appeal court in the country. Laws made by Nigerian Legislature form primary sources. Read reviews from world’s largest community for readers. The High Court of a state/FCT is the highest English law court in a state or the FCT. You know the saying: There's no time like the present...unless you're looking for a distraction from the current moment. The Federal High Court is generally a court of original jurisdiction. The Administration of Justice Commission Decree 1991 (No 55), The Admiralty Jurisdiction Decree 1991 (No 59), The Banks and Other Financial Institutions Decree 1991, This page was last edited on 2 October 2020, at 20:33. Constitution . [9][10], There are two types of election tribunals viz. Statutes; The above would be further elaborated below. 1. The Nigerian constitution recognizes courts as either Federal or State courts. This Guide to Law Online Nigeria contains a selection of Nigerian legal, juridical, and governmental sources accessible through the Internet. This book is not yet featured on Listopia. The Customary Court of Appeal of a state/FCT is the highest Customary law court in a state/FCT. No. These states are Kano, Katsina, Niger, Bauchi, Borno, Kaduna, Gombe, Sokoto, Jigawa, Yobe, and Kebbi.[18]. The chairman and other members of the Tribunal shall be appointed by the President on the recommendation of the National Judicial Council. 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. 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.


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