secondary sources of law in nigeria

Ijma means the consensus among Islamic jurists on matters within the limits of Quran and Sunnah. Primary primary sources are those which state the law. - LexisNexis, Encyclopaedic Australian Legal Dictionary. By this expression is understood the authority from which the laws derive their force. Unemployment. INTRODUCTION. With only 1.6% of GDP devoted to education, the country needs to increase the resources to provide quality education. AbstractCustomary law is an important source of Nigerian Law. 2. The materials used for legal research are generally divided into two broad categories: primary resources and secondary resources. The chief sources of English Law include. All these types of laws are enforced by the courts. Introduction; Educational System In Nigeria; Life After Primary School Education : Introduction. Oxford Islamic Studies Online. But it is not uniform and harmonious. Thus flowing from the above, one can see that the whole gamut of the Nigerian law is characterized by a dual source of both English and Local Nigerian laws. From 1966 to 1999, Nigeria experienced a series of military […] There are five primary sources of law identified by Beredugo (2009) and Dina, Akintayo and Ekundayo (2005) which includes: 1. In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and custom; in common law systems there are also several sources that combine to form “the law”. Sources of Nigerian law . So judicial decision is based on the principle of stare decisis i.e. Examples of secondary sources of law are: Law Reports; Text Books and Treatises; Periodicals, Journals, and Legal Digests; Casebooks; Legal … Unfortunately, the majority of South Africans did not benefit from these riches because of racism and apartheid. This post is going to be quite long and detailed, so to save you some stress, you … Oil has been a dominant source of income and government revenues since the 1970s. Besides, it is not necessarily in full conformity with the fast pace of… Also, the weight attached to them in the legal system depends on their authorship and subject matter which they cover. The power of making all laws is in the people or -- their representatives, and none can have any force whatever, which is derived from any other source. Law reports are only authoritative due to the fact that they serve as the vehicle through which judicial precedent is carried. Working Through This Course 4 Secondary sources are contrasted with the primary sources of the law (cases and legislation). Aso Hill is a huge granite outcrop (1,300 feet high) that dominates the landscape of Abuja and its vicinity visually and physically, giving the city a natural east-west axis. This law consists of the ancient customs and usages of England’s. Received English Law 5. The important classes of legal secondary sources include: treatises, periodical articles, legal encyclopedias, ALR Annotations, Restatements, and Looseleaf services. 3. 2.1.2.0: secondary sources…………………………………………24. LAW: SECONDARY SOURCES - BOOKS & JOURNALS . Civil law systems often absorb ideas from the common law and vice-versa. The Nigerian Law School was established in Lagos under the Legal Education Act 1962 now Legal Education (Consolidation Etc) Act Cap. In spite of statutory intervention, land tenure has continued to be regulated and governed by customary law, especially among the rural communities. Protectorate of Nigeria that on the thirtieth day of September, 1960, were comprised in the Northern Region of Nigeria. Secondary Sources of Law in India English Law. The sources of Nigerian law include, English Law, Nigerian Legislation, Customary Law, and Law of Precedent or Case Law. We generally have six sources of Nigerian law they include: The Received English law: This consists of the common law, doctrines of equity and statutes of general application which were applicable in Britain by 1st January 1900. 6.2.1 Common Types of Secondary Sources. THE PLACE OF INTERNATIONAL LAW IN NIGERIAN MUNICIPAL LAW 335 V. NIGERIA'S TREATY-MAKING PRACTICE , 337 VI. Without law reports, the principle of judicial precedence cannot be effective. In the following sections, we briefly describe some of the common types of secondary sources used by legal researchers. These were laws that we used when we were colonized by Britain. The banks sell off the mortgage loans in the secondary market because the funds received thereafter pay for their warehouse lines of credit, which enables them to continue to operate and lend. South Africa is rich in gold, diamonds and other strategic minerals. Encyclopedia of Islamic law: a compendium of the views of the major schools. Act [CAP 221], Laws of the Federal Republic of Nigeria 1990 (Decree No. The paper intends to make an overview of the nature and sources of the Nigerian legal system and correct a wrong notion that Islamic law is the same with customary law. As a lawyer in Nigeria, you would have been called “the law” by other people. States have a high degree of autonomy—compared to other countries in Africa with a federal structure— Save for law reports, secondary sources of Nigerian law are of persuasive authority in the law courts. (3) Western Nigeria shall comprise those parts of the former Colony and Protectorate of Nigeria that on the thirtieth day of September, 1960, were comprised in the Western Region of Nigeria. Customary Law embodies customs as practiced by the people which they regard as binding on them. 2. And in a world of crumbling economies and turbulent times, where investors spend sleepless nights trying to figure out how their stocks are doing, investing in education becomes even more paramount. nigérian law has evolved from four main sources : English law, Nigerian customary law, local legislations and the decisions of local courts of law.1 Of these, English law has exercised the most predominant influence. U.K. High Court Says Nigerians Can Sue Shell in Britain Over Oil Spills The Dutch energy company has a presence in Britain, and a judge ruled there was “a real issue to be tried.” However, the procedure for voluntary winding up of a company in Nigeria could be carried out in any of these three different modes, which are, (1) Voluntarily, (2) By the Order of the Court, or, (3) Subject to the supervision of the Court. "5 The International Court of Justice-which The principals among these laws are the 1999 Constitution of Nigeria (as amended) and the Petroleum Act, which vested ownership and control of oil found anywhere in Nigeria in the Federal Government. To define the primary sources of law, I could easily go into a long ramble and bring up some quotes for you to cram. Secondary sources explain the law. In Judicial precedent, the decision is taken by following the similar cases happened in the past. The second source of law is statutory law.While the Constitution applies to government action, statutes apply to and regulate individual or private action. Secondary sources also provide a useful plain-language description of how the law operates in a particular area. B. Nigeria and "Colonial" International Law 326 C. The Place ofInternational Law in the Nigerian Constitutional Development 328 III. Secondary legislation is the next level down in the hierarchy and is valid only if it is consistent with the acts and agreements which have precedence over it. These secondary sources are considered in the event of paucity of information from the primary sources of law in Nigeria as discussed above. COURT:- Jurisdiction of High Court of former Western State – Section 9(I) High Court Law Cap. Due to Nigeria’s failing economic situation, many youths are not productively engaged and as such crime becomes the last resort. These educational institutions are not only public institutions but also private owned ones. Primary sources of law are legislation and case law. The unemployment rate in Nigeria is high. Primary sources are the law. Nigeria can boast of its oil, coal, tin, bauxite and gold. You’ve already read the Basics of Secondary Sources; now it’s time to look more closely at how to use Secondary Sources on Westlaw to your advantage.. Nigerian Legislation 3. The Constitution 2. The information on this website is intended to provide resources that may aid the research of the topics presented, and are in no way a comprehensive list of sources one should consult on the topics presented. Kinds of Constitutions j. management and conservation of inland fishery resources in nigeria Foreign observers frequently comment that fishing in African lakes, rivers and their associated wetlands is usually haphazard. SUCCESSION UNDER CUSTOMARY LAW. Instead, you can simply define primary sources of law as those sources of law that are binding on the courts. Definition. Following the Federal Government directive, the School was relocated to Bwari in Abuja in December 1997. Encyclopedias. Know what the Restatement of Contracts is. Some see the move as … Apart from generating income from tax and business holders, tourism, its natural resources and monies collected from markets are just a few sources of Ogun state IGR. Before Nigeria gained independence in 1960, we adopted some laws from our colonial masters. Yemisi Dina B.A, M.A, LL.B, MLS is Law Librarian at The College of The Bahamas Law Library, Nassau, The Bahamas. Common law draws a distinction between primary and secondary sources of law. By Yemisi Dina, John Akintayo & Funke Ekundayo. Due largely to Nigeria’s historical link with Great Britain, English law has become a major source of its law. The Court was renamed the “Federal High Court” by Section 228 (1) and 230 (2) of the Constitution of the Federal Republic of Nigeria, 1979. d. Custom and law e. The meaning of Jurisprudence f. Legal system in Nigeria g. The legislative process in Nigeria h. The meaning of Constitution i. Since that law came into effect, and the Medical and Dental Council of Nigeria Following the 2008-9 global financial crises, the banking sector was effectively recapitalized and regulation enhanced. Nigerian Case Law or Judicial Precedent 4. Following an April 2014 statistical "rebasing" exercise, Nigeria has emerged as Africa's largest economy, with 2015 GDP estimated at $1.1 trillion. They include codes and cases. Secondary resources offer analysis, commentary, or a restatement of primary law and are used to help locate and explain primary sources of law… In a recent list of IGR of states in Nigeria, Edo income revenue was put at ₦19,117,468,369.25. This nickname is an allusion to the importance of lawyers and judges in the legal system. Law students and aspiring legal researches will likely encounter a broad range of secondary sources. Although the primary sources of law--case law, statutes, and regulations--establish the law on a given topic, it is often difficult to quickly locate answers in them. Primary Sources of Income for Mortgage Banks Chapter 6 focuses on the special problems of conflict of laws in Nigeria engendered by its pluralistic legal system. E14, Laws of the Federation of Nigeria, 2004 and enacts a new Evidence Act, 2011 which applies to all judicial proceedings in or before Courts in Nigeria. Primary sources tell you what the law is, but Secondary Sources give you the why, when, where, if and how of the law. It is mandatory for us to follow primary authority from our jurisdiction. There is in fact a fourth source of English law, custom, but all customs U.S.-NIGERIA RELATIONS The United States established diplomatic relations with Nigeria in 1960, following Nigeria’s independence from the United Kingdom. As far as Nigeria is concerned, Education Law is the part of the law of the country that purposefully governs educational institutions operating within her borders. Government ministries are headed by ministers at Federal level or commissioners at state level and assisted by […] Secondary source: In legal research, textbooks, legal encyclopaedias and periodical articles which provide restatements of law, often with associated commentary. It is any system of law different from Common Law and a Law enacted by legislation, but which is enforceable and binding within Nigeria as between the parties subject to its way. Cultures of several ethnic groups. The note should help the reader a. Click to View in Detail the Secondary Sources Islamic of Law. Where did we get them from? (c) The Legal Profession Bachelor’s Degree (Honours) Senior School Certificate: 4 to 5 years: Generally compares to the completion of a 4-year Bachelor’s degree. Environmental Impact Assessment Act (Cap E12 LFN 2004). Did they fall from heaven? This law consists of the Before Nigeria gained independence in 1960, we adopted some laws from our colonial masters. Secondary sources often explain legal principles more thoroughly than a single case or statute, so using them can help you save time . This includes oil located within any land in Nigeria, under its territorial waters, continental shelf or within its exclusive economic zone. Evidence may be given of facts in issue and relevant facts. The Law of Nigeria consists of courts, offences, and various types of laws. The Federal Revenue Court (as Federal High Court was then called) was established by the Federal Revenue Act 1973 (1973 No.13). There is a separate guide to primary sources. EDO STATE. Law made by the legislative arm of the government. 2.1.2.1: the nigerian customary law…………………………24. Equity. When one thinks of the law, one of the first things that come to mind is lawyers and judges in their wig and gown.