Introduction: Why Classification Matters
The Classification of law is a foundational knowledge that is crucial for Legal Method, as it helps you identify the correct area of law, the applicable rules, the proper court, and the enforcement mechanisms for any given situation.
Understanding the law begins with understanding its structure. Just as a doctor must know the different systems of the human body, a law student or legal practitioner must master the classifications of law.
This guide provides a comprehensive breakdown of the major classifications, tailored to the Nigerian context and supported by relevant authorities.
1. Public Law vs. Private Law: The State-Individual Divide
This is perhaps the most fundamental classification,distinguishing law based on the parties involved.
Public Law governs the relationship between the state and individuals or other states. It involves situations where the state, with its sovereign power, is a direct party. Its primary concern is public interest and the proper functioning of government.
Examples: Constitutional Law (the 1999 Constitution of Nigeria), Administrative Law (governing public agencies), and Criminal Law.
Judicial Authority: In Gani Fawehinmi v. Akilu (1987) 4 NWLR (Pt. 67) 797, the Supreme Court emphasized the state’s role as prosecutor in public law matters, underscoring the public interest in criminal proceedings.
Private Law regulates relationships between private individuals or entities (like companies). The state provides the legal framework and courts but is not a party to the dispute.
Examples: Law of Contract, Law of Torts, Law of Property, and Family Law.
Key Distinction: A contract dispute between two businesses is private law, while the prosecution of a business for tax evasion by the Federal Inland Revenue Service (FIRS) is public law.
2. Criminal Law vs. Civil Law: Punishment vs. Redress
This classification cuts across the public/private divide and is defined by the nature of the wrong and the remedy sought.
Criminal Law deals with conduct considered harmful to society as a whole. The state prosecutes the accused to punish wrongdoing and deter future crimes.
Standard of Proof: Proof beyond reasonable doubt (Section 135(1) & (2), Evidence Act, 2011).
Example: Prosecution under the Criminal Code Act (Southern Nigeria) or the Penal Code Act (Northern Nigeria).
Burden of Proof: Rests solely and continuously on the prosecution (Onakoya v. The State (1972) 9-10 SC 1).
Civil Law concerns disputes between private parties where one party seeks a remedy (usually compensation or an order) for a perceived wrong.
Standard of Proof: On the balance of probabilities (Section 134(1), Evidence Act, 2011).
Example: A lawsuit for damages in negligence or for breach of contract.
Burden of Proof: Can shift between the plaintiff and the defendant as they establish their respective cases.
3. Substantive Law vs. Procedural (Adjectival) Law: The “What” vs. the “How”
This pair defines the content of the law versus the process of applying it.
Substantive Law defines the rights, duties, and liabilities of individuals and the state. It answers the question: “What is the law?”
Examples: The Criminal Code Act defines what constitutes murder. The Law of Torts defines what constitutes negligence. The 1999 Constitution defines fundamental rights.
Procedural Law provides the machinery for enforcing the rights and liabilities created by substantive law. It answers the question: “How is the law enforced?”
Examples: The Administration of Criminal Justice Act (ACJA), 2015 outlines steps for criminal prosecution. The various Civil Procedure Rules of High Courts govern how to file a civil suit. The Evidence Act, 2011 regulates how facts are proved in court.
Interdependence: As held in Ojukwu v. Governor of Lagos State (1986) 1 NWLR (Pt.18) 621, procedural law must be followed to give effect to substantive rights; a breach of procedure can invalidate proceedings.
4. Municipal (National) Law vs. International Law: The Domestic and the Global
This classification is based on the scope and source of legal authority.
Municipal (Domestic) Law is the internal law of a sovereign state, applicable within its territorial boundaries.
Supreme Authority: The Constitution of the Federal Republic of Nigeria, 1999 (as amended) is the grundnorm (basic norm) from which all other domestic laws derive validity.
International Law governs relations between sovereign states and international entities. It is primarily found in treaties, conventions, and customary international law.
Application in Nigeria: Crucially, by Section 12(1) of the 1999 Constitution, no treaty between Nigeria and another country has the force of law unless enacted by the National Assembly. This was affirmed in Abacha v. Fawehinmi (2000) 6 NWLR (Pt. 660) 228. An example of an enacted treaty is the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
5. Written Law vs. Unwritten Law: Form and Source
This classification refers to the form in which the law is expressed.
Written Law (Enacted Law): Laws that have been formally enacted by a legislative body and are contained in authoritative documents.
Examples: The Constitution, Acts of the National Assembly (e.g., Companies and Allied Matters Act, 2020), and Subsidiary Legislation (Regulations).
Unwritten Law (Case Law & Custom): Laws that are not contained in formal enactments but derive authority from judicial decisions and long-standing customs.
Case Law (Judicial Precedent): Decisions of superior courts (like the Supreme Court) that become binding on lower courts under the doctrine of stare decisis. For instance, the “good neighbour principle” from the English case Donoghue v. Stevenson (1932) AC 562, which forms the bedrock of negligence law in Nigeria, is unwritten law.
Customary Law: Indigenous laws accepted by specific communities as binding. To be valid, a custom must not be repugnant to natural justice, equity, and good conscience, nor incompatible with any written law (Section 18, Evidence Act, 2011).
6. Common Law vs. Equity: A Historical Fusion with Distinct Streams
This unique classification stems from Nigeria’s English legal heritage.
Common Law: Originating from the decisions of the old English royal courts, it is based on precedent (stare decisis) and was historically rigid, offering mainly the remedy of damages.
Equity: Developed in the Court of Chancery to mitigate the harshness and rigidity of the common law. It is based on principles of conscience, fairness, and justice, offering flexible remedies like injunctions and specific performance.
The Fusion and the Maxim: The Judicature Acts of 1873-1875 administratively fused the courts of common law and equity.
In Nigeria, this fusion is reflected in our court system. However, the principles remain distinct. The classic maxim, “where there is a conflict between equity and common law, equity shall prevail,” was settled in the Earl of Oxford’s Case (1615) and remains a guiding principle. As famously described, “the two streams have met and now run in the same channel, but their waters do not mix.”
Conclusion: A Dynamic and Interconnected System
The classifications of law are not watertight compartments but a dynamic,interconnected framework. A single legal issue, like environmental pollution, can involve public law (state regulation), criminal law (prosecution for an offence), civil law (victims suing for damages), and draw from both substantive environmental statutes and complex procedural rules. Mastering these distinctions is the first step toward sophisticated legal reasoning and effective practice in the Nigerian legal system.
(Remember to consult your textbooks and classnotes for more clarifications)