Ultimate Guide to Introduction to Legal Method for Law Students in Nigeria
Welcome to your first step toward thinking like a lawyer! If you’re a new law student in Nigeria, the phrase “Legal Method” might sound abstract, technical, or even intimidating. But don’t worry—this guide is designed to demystify the subject and give you a strong, engaging, and practical foundation.
Legal Method isn’t about memorizing laws. It’s about learning how to think, argue, and reason like a legal professional. It’s the grammar of law—the essential skill set that will help you navigate everything from contract law to constitutional law.
In this comprehensive guide, we’ll cover:
· What Legal Method really means
· Core features of law every law student must know
· Key theoretical perspectives in jurisprudence
· Real-world case studies from Nigerian and Commonwealth courts
· How to read cases, interpret statutes, and build legal arguments
· Why Legal Method is the most important course for your LL.B. degree
What is Legal Method? More Than Just Definitions
At its simplest, Legal Method refers to the system, techniques, and reasoning processes used by lawyers and judges to create, interpret, and apply the law. It is the how of law—the machinery behind legal decisions.
Nigerian legal scholar Professor Abiola Sanni describes it as:
An attempt to explain or analyze the technique of thinking like a lawyer.
This phrase, “thinking like a lawyer,” is key. It means cultivating a mindset that is:
- Analytical: Breaking down complex problems into manageable parts.
- Precise: Using language with care and accuracy.
- Logical: Constructing arguments based on reason and evidence.
- Authoritative: Grounding every conclusion in legal sources (cases, statutes, etc.).
The term itself is a compound of:
Legal: Pertaining to the law.Method: A systematic way of doing something.
Therefore, Legal Method is the organized, systematic way of understanding and working with the law. It’s your first and most important step in transitioning from a layperson to a legal professional.
But what does that mean in practice?
Imagine you’re learning a new language—say, French. You don’t start by reading Victor Hugo. You start with the alphabet, basic vocabulary, and grammar rules. Similarly, Legal Method is the alphabet of law. You’ll learn:
· How to read and analyze court judgments
· How statutes are interpreted
· How to construct legal arguments
· How to distinguish between different sources of law
This foundational knowledge is crucial because Nigeria operates a pluralistic legal system—comprising English-based common law, customary law, Islamic law, and statutory law—all under the umbrella of the 1999 Constitution of the Federal Republic of Nigeria.
Without understanding Legal Method, you’ll struggle to make sense of how these different legal sources interact.
The Bedrock of Your Career – The Overwhelming Importance of Legal Method
The importance of Legal Method cannot be overstated. It is the cornerstone upon which every other legal subject is built. Here’s why this course is indispensable:
1. It Lays the Foundation for All Other Law Courses:
You wouldn’t start learning a language by reading Shakespeare. You start with the alphabet. Similarly, Legal Method is the alphabet of law. Without understanding how to read cases, find the ratio decidendi, or interpret statutes, you will struggle immensely in subjects like Contract Law, Tort, and Constitutional Law, which assume you already possess these basic skills.
2. It Demystifies Legal Language and Culture:
The law has its own vocabulary, rituals, and modes of communication, which can feel like a foreign culture to newcomers. Legal Method acts as your translator and guide, helping you understand terms like “obiter dictum,” “stare decisis,” and “ultra vires.” It removes the initial intimidation factor and allows you to engage confidently with legal materials.
3. It Develops Critical Legal Reasoning Skills:
This is the heart of “thinking like a lawyer.” Legal Method trains you to:
- Identify relevant issues from a mass of facts.
- Apply legal rules to those facts logically.
- Construct persuasive arguments and anticipate counter-arguments.
- Distinguish your case from unfavourable precedents.
This skill set is what employers value most.
As McLeod famously said,
legal method is “a creative process which provides a fascinating study in reasoning and using language in order to achieve practical results.”
4. It Equips You to Navigate Nigeria’s Pluralistic Legal System:
Nigeria has a unique blend of Common Law (from British colonialism), Customary Law, Islamic Law, and a growing body of statutory law, all underpinned by the 1999 Constitution. Legal Method provides the map you need to navigate this complex terrain. It teaches you the hierarchy of these sources, how they interact, and which one takes precedence in a given situation.
5. It is a Practical Toolkit for Legal Practice:
The skills you learn are not academic; they are intensely practical. Whether you are:
- Researching a client’s problem,
- Drafting a motion or a contract,
- Advising on a course of action, or
- Advocating in court,
you will be using the tools from Legal Method every single day. It is the foundational skill for every successful legal career.
Key Features of Law – What Makes a Rule a “Law”?
Not every rule is law. So what distinguishes legal rules from moral or social rules? Let’s break it down:
Law is a Body of Rules
Law consists of formal, binding rules enacted or recognized by authoritative institutions. In Nigeria, these include:
· The 1999 Constitution
· Statutes (e.g., the Criminal Code, Penal Code, Companies and Allied Matters Act)
· Judicial precedents (case law)
· Customary and Islamic law
Together, these form the corpus juris—the body of law.
Law is Man-Made
Unlike natural laws (e.g., gravity), human laws are created by people through institutions like legislatures, courts, and traditional authorities. For example, Section 4 of the 1999 Constitution empowers the National Assembly to make laws for Nigeria.
This also means laws can be changed—as seen in Nigeria’s history of constitutional evolution.
Law is Normative
Law does not merely describe behavior—it prescribes it. It sets standards of conduct, often with sanctions for non-compliance. For instance:
· Section 319 of the Criminal Code criminalizes murder and prescribes the death penalty.
· Section 143 of the 1999 Constitution outlines the procedure for impeaching the president.
Law is Territorial
Laws apply within specific geographical boundaries. Nigerian laws apply within Nigeria; foreign laws generally do not. This principle was illustrated in the classic case of Holman v Johnson (1775). Here, an English court refused to invalidate a contract for the sale of tea in France—even though the buyer intended to smuggle it into England—because the transaction occurred outside English jurisdiction.
Law is Coercive
A rule isn’t a law if it can’t be enforced. The state uses mechanisms like the police, courts, and prisons to ensure compliance. This distinguishes legal rules from mere moral or social guidelines.
Law is Dynamic
Law evolves. Nigerian law has transformed from colonial-era regulations to the present 1999 Constitution. This adaptability allows the law to respond to social change, technological advances, and new justice demands.
Theoretical Foundations of Law – Why Philosophy Matters
You might wonder: Why study legal theory? The answer is simple: these theories shape how judges interpret laws and how lawyers argue cases. Understanding them will make you a more effective legal thinker.
Here are some major schools of thought:
Natural Law Theory
Natural law theorists argue that law must align with universal moral principles. An unjust law is not truly a law. This idea has inspired movements like the abolition of slavery and the struggle for human rights.
However, critics argue that morality is subjective. For example, is adultery immoral? Nigerian law reflects this ambiguity: it’s criminalized in the Penal Code (applicable in the North) but not in the Criminal Code (applicable in the South).
Legal Positivism
Associated with John Austin, positivism insists that law is a command from a sovereign authority to his subjects which is backed by sanction, separate from morality. For example, Section 130(1) of the 1999 Constitution establishes the office of the President—a valid law because it comes from a recognized authority.
But positivism has limitations. It doesn’t account for non-justiciable directives like Chapter II of the Constitution (“Fundamental Objectives and Directive Principles of State Policy”), which are moral but not legally enforceable.
Historical School
Friedrich Carl von Savigny argued that law should reflect the customs and traditions of the people (Volksgeist). Nigerian courts often consider customary law, but only if it’s not “repugnant to natural justice, equity, and good conscience” (Evidence Act, Section 18(3)).
This approach values cultural continuity but can sometimes resist necessary social reform.
Sociological Jurisprudence
Roscoe Pound viewed law as a tool for social engineering. Law should balance competing interests in society. A clear Nigerian example is the Economic and Financial Crimes Commission (EFCC) Act. Despite its strong provisions, corruption remains widespread because law alone cannot change deep-seated behavior.
Legal Realism
Realists like Oliver Wendell Holmes Jr. famously declared that “The law is what the court says it is.” They emphasize that judges are human beings whose decisions are influenced by personal experiences, biases, and social context.
This is powerfully illustrated in the Nigerian case of Ojukwu v. Governor of Lagos State (1986). The court held that even a military government must obey due process, showing that the judiciary has the final say in interpreting what the law requires.
How to Read and Analyze Case Law – The Heart of Legal Method
One of the first skills you’ll learn is how to read a judgment. Here’s a step-by-step approach:
Step 1: Identify the Parties and Facts
Who is suing whom? What happened? For example, in Ojukwu v. Governor of Lagos State, the plaintiff challenged his forceful eviction by the state government.
Step 2: What is the Legal Issue?
What question is the court answering? Was the government’s action lawful without a court order?
Step 3: What Did the Court Decide?
This is the judgment or court’s decision. The eviction was declared illegal and nullified.
Step 4: What is the Ratio Decidendi?
The ratio decidendi is the legal principle underlying the decision. It is binding on lower courts. Everything else in the judgment—obiter dicta ( incidental remarks)—is only persuasive. Here, it was that no authority, no matter how powerful, is above the law, and due process must always be followed.
Step 5: How Does This Case Apply to Other Situations?
This is where you distinguish cases based on their facts or legal principles.
Step 6: Obiter Dictum: Persuasive but non-binding comments made by the judge.
Statutory Interpretation – Making Sense of Legislation
Statutes are often written in broad or ambiguous language. Courts use various tools to interpret them:
- The Literal Rule
The court gives words their plain or ordinary meaning.
- The Golden Rule
If the literal rule leads to absurdity, the court may modify the meaning to avoid an unreasonable result.
- The Mischief Rule
The court looks at the gap or “mischief” the statute was intended to address. This approach is more flexible and purposive.
In Nigeria, courts often combine these approaches. Additionally, the Interpretation Act provides default definitions and rules for construing statutes.
Legal Research and Writing – Building Your Skills
Strong research and writing skills are non-negotiable for lawyers. Here’s how to start:
- Use Primary Sources
· Cases: Nigeria Law Report (N.L.R), All Nigeria Law Report (All N.L.R)
· Statutes: Laws of the Federation of Nigeria (LFN)
· Constitution: The 1999 Constitution (as amended)
- Use Secondary Sources
· Textbooks (e.g., Abiola Sanni’s Legal Method)
· Law journals and review articles
- Improve Your Legal Writing
· Be clear and concise
· Use headings and subheadings
· Support arguments with authorities (cases, statutes)
The Nigerian Legal System – A Unique Pluralistic System
Nigeria’s legal system is a blend of:
· Common Law (inherited from British colonial rule)
· Customary Law (indigenous traditions)
· Islamic Law (applicable in personal matters in northern states)
· Statutory Law (laws enacted by legislatures)
The 1999 Constitution is the supreme law, and any other law that contradicts it is void to the extent of the inconsistency (Section 1(3)).
Practical Applications – From Classroom to Courtroom
Legal Method isn’t just theoretical. You’ll use it every day as a lawyer:
· Client Counseling: Understanding how laws apply to specific facts.
· Litigation: Building arguments based on case law and statutes.
· Drafting: Creating contracts, motions, and legal opinions.
· Negotiation and ADR: Using legal norms to resolve disputes outside court.
Conclusion: Embrace the Journey
Legal Method is the foundation of your legal education. It will challenge you to think differently, reason logically, and argue persuasively. But with practice, you’ll not only master the technique of “thinking like a lawyer”—you’ll become one.
Use this guide as your starting point. Read cases, engage with statutes, and never stop asking questions. The law is a living, evolving field, and with a solid foundation in Legal Method, you’ll be prepared to shape it.
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