Sources of Law in Nigeria (Simple Explanation for 100 Level Law Students)
Introduction
The sources of law explain where the law comes from, how it is made, and why it is binding on citizens and courts.
In Legal Method, understanding the sources of law helps students know which laws the courts recognise and apply.
Meaning of Sources of Law
Sources of law refer to the origin and authority of legal rules.
They explain:
- How a rule of law is created
- Why it has legal force
- Why courts enforce it
In Nigeria, laws come from different recognised sources, and not every rule has the same legal weight.
Classification of Sources of Law
The sources of Nigerian law are divided into two main classes:
- Primary sources of law
- Secondary sources of law
Primary Sources of Nigerian Law
Primary sources of law are binding.
Courts must follow them when deciding cases.
The main primary sources of Nigerian law are:
- The Constitution
- Nigerian Legislation
- Nigerian Case Law (Judicial Precedent)
- Received English Law
- Nigerian Customary Law and Islamic Law
1. The Constitution
The 1999 Constitution of the Federal Republic of Nigeria (as amended) is the highest law in Nigeria.
Statutory Authority
- Section 1(1) – The Constitution is supreme
- Section 1(3) – Any law inconsistent with the Constitution is void
🔗 External link:
https://www.nass.gov.ng/document/download/constitution
Judicial Authority
In A.G. Federation v Abubakar (2007) 10 NWLR (Pt.1041) 1, the Supreme Court confirmed that the Constitution is superior to all other laws.
2. Nigerian Legislation
Nigerian legislation refers to laws made by law-making bodies.
Examples
- Acts of the National Assembly
- Laws of State Houses of Assembly
- Subsidiary legislation (rules, regulations, orders)
Most federal laws are contained in the Laws of the Federation of Nigeria (LFN).
🔗 External link:
https://lawnigeria.com/LawsoftheFederation/
Legislation is very important because other sources of law depend on it for recognition.
3. Nigerian Case Law (Judicial Precedent)
Judicial precedent means decisions of higher courts which lower courts must follow.
Nigeria follows the doctrine of stare decisis.
Court Hierarchy
- Supreme Court
- Court of Appeal
- High Courts
- Magistrate, Customary and Area Courts
Lower courts are bound by decisions of higher courts.
Judicial Authority
In Rossek v ACB Ltd (1993) 8 NWLR (Pt.312) 382, the Supreme Court held that lower courts must follow decisions of superior courts.
Judicial decisions are found in law reports such as NWLR.
4. Received English Law
Received English law refers to English laws adopted into Nigeria during colonial rule.
Components
- Common law
- Doctrines of equity
- Statutes of general application in force in England on 1 January 1900
Judicial Authority
In Bank of Baroda v Iyalabani Co Ltd (2002) 13 NWLR (Pt.785) 551, the Supreme Court explained the place of English law in Nigeria.
5. Nigerian Customary Law and Islamic Law
Customary Law
Customary law comes from the traditions and customs of Nigerian communities.
For a custom to be valid, it must:
- Not be repugnant to natural justice, equity and good conscience
- Not conflict with any written law
Judicial Authority
In Oyewunmi v Ogunesan (1990) 3 NWLR (Pt.137) 182, the Supreme Court explained the nature of customary law.
Islamic law (Sharia) mainly applies to personal matters in some Northern States.
Secondary Sources of Nigerian Law
Secondary sources of law are not binding.
They are only persuasive.
Examples include:
- Decisions of foreign courts
- Textbooks written by jurists
- Law journals and articles
- International treaties not yet domesticated
- Legal dictionaries and encyclopedias
Courts may use them for guidance, especially where there is no Nigerian authority.
Difference Between Primary and Secondary Sources
| Primary Sources | Secondary Sources |
|---|---|
| Binding | Persuasive |
| Must be followed | May be considered |
| Constitution, statutes, cases | Textbooks, journals, foreign cases |
Conclusion
The Nigerian legal system recognises different sources of law. The Constitution, legislation, judicial precedents, received English law, and customary law are the main primary sources, while secondary sources help explain and support the law.
For a 100-level law student, understanding the sources of law is essential for Legal Method and all future law courses.