What Are the Feature of Nigeria Legal System

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After amalgamation in 1914, there were proclamations establishing a Supreme Court, a provincial court and a national judicial system. Indigenous courts were empowered to exercise jurisdiction in civil and criminal cases involving indigenous people, but certain categories of indigenous people were subject to the jurisdiction of the court only if they or the residents agreed, or if they or the lieutenant governors agreed, and the indigenous people: after independence, the different developments in the judicial system mainly concerned the appointment of judges under the military regime, and the role of tribunals and commissions of inquiry. During the military, the role of the judiciary, which is clearly defined in the constitution, is greatly limited as the constitution is usually suspended. The Juristenkonferenz did not become compulsory until 1922, because its work was more important than that of the jurist. Nigeria belongs to the common law family, as English law is an essential part of Nigerian law. Nigeria, although now a sovereign nation, was once under British rule. When Nigeria gained independence in 1960, they copied many English laws. Most of the laws they copied have since been repealed in England. Nigeria also received all the laws in force in England on January 1, 1900. Let us now examine the characteristics of the Nigerian legal system.

Can you provide details on the relevant legal status for the introduction and history of the Nigerian legal system? A lawyer cannot exercise this right, i.e. in 1886, Lagos was seized as part of the Gold Coast colony and the Lagos Protectorate had its own Supreme Court with provisions similar to those of the 1876 decree. Meanwhile, the Indigenous justice system has flourished. Although it is limited to cases involving natives, some of whom have adopted the English way of life. It should be noted that the pre-merger judicial experience in northern and southern Nigeria is similar to that described above. A major difference, however, was that proclamations were introduced to establish English courts to make laws, while national laws were administered by national courts established by separate proclamations. Thus, English and national laws were administered by English courts of first instance under English law, unlike the Lagos system, where the indigenous system remained largely unchanged by the English system. After the amalgamation of the colony and protectorate of Lagos, which became the colony of southern Nigeria in 1906, the Aboriginal judicial system was extended to Lagos due to the Aboriginal Court Order of 1906. It should be noted that national courts have both civil and criminal jurisdiction. Chapter 1, “The Idea of a Legal System,” examines the rationale for a legal system. It asks the question “What is a legal system?” and discusses the different types of legal systems around the world, particularly the common law legal system that Nigeria inherited from the British, its characteristics, history and development.

The civil legal system is not omitted and receives treatment similar to that of its common law counterpart. The chapter then adequately examines the main purpose of a legal system, the fundamental characteristics of the Nigerian legal system, the principles underlying it and its orientation. The study of the legal system helps law students understand how the law works in the country in which they will practice law. The legal systems of each country are different, so it is very important that you make an effort to understand the legal system of each country you are in. Nigerian law includes courts, criminal offences and various types of laws. Nigeria has its own constitution, which was adopted on 29 May 1999. The Constitution of Nigeria is the supreme law of the land. There are four different legal systems in Nigeria, namely English law, common law, common law and Sharia law. English law in Nigeria derives from colonial Nigeria, while common law is a development of its postcolonial independence. [1] It is important to note the distinction between judicial powers or functions and jurisdiction.

While the former refers to the judicial capacity of an institution, the latter refers to the capacity of an institution to exercise its powers with respect to a particular object or person. Therefore, although an institution may have judicial powers, it may not have jurisdiction to rule on a particular case. For example, article 232, paragraph 1, of the 1999 Constitution confers on the Supreme Court jurisdiction in the first instance to hear “any dispute between the Federation and a State or between States and if and to the extent that any dispute concerns a question of law or fact or on which the existence or extent of statutory rights depends”. In such cases, the Supreme Court does not have jurisdiction or has the same judicial power as that conferred on it by the Supreme Court under article 6 of the same Constitution. In Ekem v. Nerba (1947)12 WACA 258, the deceased and owner of the property in question was Nigerian, but no evidence has been presented to show to which part of Nigeria he belonged. The court ruled in favour of the law in which the property was located (lex situs). It is advisable that a lawyer does not deal with his case personally, but lets another lawyer be his lawyer, Habib Nig.

Bank Ltd v. Oyebanji (1988) 19 NWLRPT 580-71. It was decided that it is better for an AP to use the services of another lawyer because emotions and feelings could cloud his vision and reasoning that he cannot see things as easily as any other lawyer would see them.