NCJ Number
61220
Date Published
1979
Length
326 pages
Annotation
THE NIGERIAN LEGAL INSTITUTIONS AND PROCEDURES FOR THE ADMINISTRATION OF JUSTICE ARE DESCRIBED IN THIS TEXT FOR STUDENTS AND SCHOLARS OF COMPARATIVE LAW.
Abstract
THE TREMENDOUS INFLUENCE OF ENGLISH LAW CHARACTERIZES THE NIGERIAN LEGAL SYSTEM. CENTURIES OF ENGLISH PRESENCE LEFT AN INDELIBLE MARK UPON THE SYSTEM, BUT LOCAL CUSTOMS AND MOSLEM RULES INFLUENCED THE DEVELOPMENT OF MODERN NIGERIAN LAW. ENGLISH LAW REMAINS THE SOURCE FOR MUCH OF NIGERIAN LAW, EXCEPT WHERE THE FEDERAL MILITARY GOVERNMENT HAS ALTERED OR REVOKED PRIOR STATUTES BY DECREE. COURTS IN NIGERIA MAY NOT QUESTION THE VALIDITY OF A DECREE, BUT ARE LIMITED TO DETERMINING WHETHER A DECREE IS CONSISTENT WITH PRIOR DECREES OR LAWS. NIGERIAN COURTS MAY ALSO CONSIDER LOCAL CUSTOMARY LAW AND MOSLEM LAW, UPON THE PROOF BY THE PARTIES THAT SUCH LAWS ARE APPLICABLE TO THE CASE BEFORE THE COURT. COURTS MAY ALSO TAKE JUDICIAL NOTICE OF WELL-KNOWN CUSTOMS WHICH ARE NOT CONSIDERED REPUGNANT TO NATURAL JUSTICE, AND WHICH DO NOT VIOLATE PUBLIC POLICY. THE POWER TO APPOINT OR DISMISS THE CHIEF JUSTICE OF THE NIGERIAN SUPREME COURT IS HELD BY THE HEAD OF THE FEDERAL MILITARY GOVERNMENT, AND THE SUPREME MILITARY COUNCIL IS EMPOWERED TO APPOINT OR DISMISS THE JUSTICES OF THE COURT. NEVERTHELESS, THE COURTS HAVE INFLUENCED THE REFORM OF CRIMINAL AND CONSTITUTIONAL LAW. SPECIAL LEGAL MATTERS ARE DECIDED BY THE MILITARY TRIBUNALS, THE NATIONAL INDUSTRIAL COURT, AND THE MILITARY COURTS. LIMITED JURISDICTION IS PERMITTED TO THE MAGISTRATES' COURTS AND THE JUVENILE COURTS WITHIN THE STATES. ADDITIONAL DISCUSSION CONCERNS THE HISTORICAL DEVELOPMENT OF THE COURT SYSTEM BEFORE AND AFTER THE CIVIL WAR, AND THE STRUCTURE OF THE NIGERIAN COURTS ON FEDERAL AND STATE LEVELS. THE PRACTICE OF LAW IN NIGERIA IS DESCRIBED. FOOTNOTES, DIAGRAMS, AND CASE CITATIONS ARE PROVIDED. (TWK)