Adeola Adeyemi-Adedeji

Edefe Ojomo
Wahab Shittu
Yinka Owoeye February 2021
UNIVERSITY OF LAGOS
FACULTY OF LAW
INTRODUCTION TO NIGERIAL LAW AND LEGAL SYSTEM 1 (JIL 111) LECTURE NOTES

HISTORY OF THE NIGERIAN LEGAL SYSTEM: SOURCES OF LAW

In the last class, we learnt the meaning and classification of law, and accustomed ourselves to different
types of legal systems and processes. A general discussion of law and legal systems gave us a foundational
basis for classifying and understanding the Nigerian legal system. This class will provide greater detail
about the Nigerian legal system, and it is expected that by the end of this class the student will understand

a. The different sources of law applicable in Nigeria

b. The historical basis for the sources of Nigerian law

There are two types of sources of law, viz: primary sources and secondary sources. Primary sources are
direct sources of the law, which contain the law. When a person wants to know what the law on a
particular issue is, they go to the primary source, which is the law itself. Secondary sources, on the other
hand, contain summaries or analyses of the law. While the primary source is an embodiment of the law,
the secondary source explains the law or clarifies legal issues. The former is binding on the courts, but
the latter can only be used to persuade the judge to see things in a particular light.

SOURCES OF LAW IN NIGERIA

In discussing the sources of Nigerian law, it is important to point out that some of these sources are
primary and others secondary. We shall first discuss the primary sources where Nigerian law can be found,
and this relates to sources which are applied directly by the courts and usually have binding authority.

As noted above, Nigeria is one of the countries to have inherited the Common Law system with its legal
characteristics and content. Until 1963 when Nigeria became a republic, the Privy Council in England was
the highest court in the country to which final appeals lay. The development of English law, part of which
is described in the preceding section, has therefore been of immense importance to the Nigerian legal
system, until the period when the system became somewhat detached from its British antecedents.
Therefore, received English law remains an important source of law in Nigeria, as it was the first source of
law introduced into the modern legal system of the country, making it distinguishable from the unwritten
and versatile customary law that was in operation in traditional Nigerian societies. We will therefore begin
this section with a discussion of English law as a source of law in Nigeria.

Received English Law

There are two types of English Law applicable in Nigeria, the first being the laws made by the British Crown
in England for application in Nigeria, when Nigeria was still a colony and protectorate of the British
government, and the second being the Common Law, doctrines of equity, and statutes of general
application in England on January 1st 1900. The former applied in Nigeria as a result of the political system

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in operation, since the British government was politically responsible for enacting laws in her colonies and
protectorates, while the latter applied as a result of legislation to that effect, and it is this received English
law that will be discussed under this heading.

By virtue of section 45(1) of the Interpretation Act,1 English law was received into the Nigerian legal
system.2 This section provides that

Subject to the provisions of this section and except in so far as other provision is made by any federal
law, the common law of England and the doctrines of equity, together with the statutes of general
application that were in force in England on the 1st day of January, 1900, shall be in force in Lagos and,
in so far as they relate to any matter within the exclusive legislative competence of the federal
legislature, shall be in force elsewhere in the federation

Section 45 of the Interpretation Act also provides conditions under which English Law would be received
into the Nigerian legal system, and these include local context and jurisdiction, amongst other things.3

Common Law

The Common Law, as it is known today, has its origins in old English sociopolitical and legal practice. It has
been described as the ‘usage, practice and decisions of the king’s courts of justice’.4 After the Norman
Conquest of England in the 11th Century, there were reforms in the administration of justice, including the
establishment of a Supreme Court of Judicature. The King sat in this court to administer special cases in
person. The court was finally abolished, and the King appointed judges to administer these cases in his
stead. Among his reforms as ruler of England, King Henry II instituted significant judicial reforms, which
included the distribution of judges to entertain general cases across the Kingdom. These judges, in the
exercise of their jurisdiction, proceeded to collect the common customs of the royal courts across England,
particularly the usages and decisions that had been applied by the royal courts, which were the Courts of
Common Pleas, King’s Bench and Exchequer. These courts administered justice mostly by granting
damages in monetary value to successful parties, and the rules which they applied soon became the word
of law, to be applied all across the Kingdom.

The development of the Common Law began around the 12th century, and continued to broaden its scope
and content, even as these laws were spread to the colonies. Common Law is an expression of the reason
of judges, and with time, even this reason had become rigid, and therefore in need of modification. This

1
Now Cap I24, LFN 2004.
2
The original Interpretation Act, Cap 89, was applicable to the Federal Capital Territory, while the different regions
were governed by their own laws on the matter. For the Eastern Region, it was the High Court Law, Cap 60; for the
Western Region, it was the Law of England (Application) Law, Cap 60 Western Nigerian Laws, 1959, and; for the
Northern Region, the High Court Law, Cap 49 Northern Nigeria Law 1963. (See Osita Nnamani Ogbu (2007),
Modern Nigerian Legal System (CIDJAP Press; Enugu), 53, footnote 11).
3
See section 45(2) and (3) Interpretation Act, Cap I23 LFN 2004; See also Niki Tobi (1996), Sources of Nigerian Law,
(MIJ Professional Publishers Limited; Lagos), pp 25-28; Balogun v. Balogun (1935) 2 W.A.C.A 290
4
Matthew Hale (1820), The History of the Common Law of England, and an Analysis of the Civil Part of the Law, 6th
edition (Butterworth; London) 23

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Wahab Shittu
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is how Equity became an important aspect of English Law, in order to ease the difficulties posed by the
application of Common Law.

Doctrines of Equity

As explained above, the rules of Common Law soon became established, as well as the attendant
procedures for applying those rules in court. Many of the citizens came to the King with complaints about
hardships suffered because of the rigidity of the Common Law, so the King appointed the Chancellor to
attend to such cases. Soon, a court of Chancery was established to hear these cases, and with time the
doctrines of equity were developed, as the court relied on the reason and good judgment of its judges to
handle cases that came before them, and the judges acted with considerable discretion. Where Common
Law relied on awarding damages that were attached to the property of the defendant, equity provided
remedies that enjoined persons to act or refrain from acting, such as specific performance, rescission,
injunction, restitution, and so on. Asein lists some of the doctrines of equity, but that list is not exhaustive.5

Naturally, there were conflicts between the Common Law courts and Chancery, and in 1615, in the Earl of
Oxford Case, the King ruled that Chancery would prevail in such conflict. It then became an established
rule that in a conflict between equity and the law, the former would prevail, and this was provided for in
the Judicature Act of 1873-75, which also provided for the Supreme Court of Judicature to administer both
systems.6

Statutes of General Application in Force in England on January 1st 1900

Although, prima facie, it might seem clear that English statutes in force at a particular date, was received
into the Nigerian legal system, but this is not the case. There have been disagreements as to the content
and extent of English Law to be applied in Nigeria. For example, while some argue that Common Law
refers to the Common Law of England, others argue that the term should be interpreted liberally to
entertain the development of other common laws in other jurisdictions, as was done, for instance, in
America.7 There was also uncertainty as to the interpretation of ‘statute of general application’. Osborne
CJ, in Attorney General v. John Holt and Co.8, laid down a test for determining whether or not a statute
was of general application or not. He stated that where an Act of Parliament applied to all civil and criminal
courts and to all classes of the community, then it was likely to be a statute of general application. Obilade,
however, questions the validity of this test, and says that a more valid test would probably be to ascertain
whether the statute is of general application in England, and whether it applies to all classes of people in
England. Where these two conditions are met, the statute is likely to be one of general application.9 The
Western region of Nigeria, in its applicable regional law, does not recognize statutes of general application

5
op cit, pp 105-6.
6
See Ogbu, op cit, 63; Glanville Williams (1982), Learning the Law (Steven and Sons; London) 27
7
See Niki Tobi, op cit., p. 34, where the author reveals the disagreement in views on this issue, quoting Allot as
referring to Common Law as the Common Law of England, and Nwabueze disagreeing with that limited
interpretation.
8
(1910) 2 NLR 1.
9
Obilade A O (1979), The Nigerian Legal System, (Spectrum Law Publishing; Ibadan), p. 74

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as one of the sources of received English Law, but restricts such sources to Common Law and the rules of
Equity.10

Legislation

Enacted legislations remain a major source of law in Nigeria. Section 4 of the 1999 Constitution invests
law-making power in the National Assembly, which comprises the House of Representatives and the
Senate. In the states, laws are made by the state House of Assembly. Owing to Nigeria’s political history,
laws in Nigeria have undergone several different phases or categories, viz:

a. Before the Advent of Federalism: Before 1954, when a federal constitution was introduced in Nigeria,
laws made by the central powers were known as Ordinances. In 1861, Lagos became a colony of the British
government, and this meant that, for all political intents and purposes, the territory was considered as
British territory. In 1900, the British government also took control of the protectorates of Northern and
Southern Nigeria from the Royal Niger Company, and in 1906, the colony of Lagos was amalgamated with
the protectorate of Southern Nigeria to form the Colony and Protectorate of Southern Nigeria. As distinct
from a colony, a protectorate is territory under the protection of another political entity, but does not
form part of the territory of the latter. In 1914, the Colony and Protectorate of Southern Nigeria and the
protectorate of Northern Nigeria were amalgamated to form the Colony and Protectorate of Nigeria. By
virtue of the Foreign Jurisdiction Acts 1890-1913 and the Colonial Validity Act 1865, the British Crown
was empowered to legislate for all territories under the rule and protection of the British government,
and this was done by way of Ordinances. These legislations remained in force and valid even after
independence, until repealed by the Nigerian legislature provided for under the country’s independent
constitutions. Such laws are subject to local legislation, and many of them have been repealed or re-
enacted by local statutes.11

b. During Civilian Administration: During the civilian administrations, since independence, laws made by the
federal legislature were known as Acts, and those made by the state Houses of Assembly were known as
Laws.12 Under the democratic civilian dispensation, the Constitution is the Supreme legislation, and any
law that is contrary to the Constitution is invalid to the extent of such inconsistency.13

A proposal is presented by a member of the House or by a government department to the legislative

house where it is expected to be considered for legislation. Different political systems have different
procedures for handling this stage. In Nigeria, government ministries send bills/proposals to the legislative
house where it is to be considered, while private individuals and institutions present their proposals
through a member of the House. This is similar to the situation in the United Kingdom, where cabinet

10
See Law of England (Application) Law, Cap 60, W.R.N Laws 1959.
11
See Asein, op cit, 100, Note that, at independence, the Nigerian legislature repealed some of the English laws
applicable in Nigeria at the time. See Niki Tobi, op cit., p. 44(footnote 105).
12
See Obilade, Op Cit, 37
13
See section 1, 1999 Constitution of the Federal Republic of Nigeria (CFRN)

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Ministers may introduce bills, unlike the United States, where only members of Congress are allowed to
introduce bills as sponsors of such bills.

Nigeria has a bicameral federal legislature. Section 4(1) of the 1999 Constitution vests the legislative
powers of the Federal Government in the National Assembly, which is to consist of the Senate and the
House of Representatives. A bill may originate in either legislative house, and after it has been passed
there, it is sent to the other House, where it must also be passed before it can be sent to the President for
his assent. Therefore, in Nigeria, before a bill becomes law, at the federal level, it must be passed by the
two legislative houses, and then sent to the President for his assent. However, where the President
refuses to give his assent, the bill is sent back to the National Assembly, where both Houses must pass it
into law, by a two-third majority of each House.15

Pursuant to section 62 of the 1999 Constitution, each House appoints technical committees to address
issues in particular fields, such as, Agriculture and Rural Development, Communications, Health, Foreign
Affairs, Petroleum, and so on. These committees deliberate on bills and proposals relating to their spheres
of interest before such proposals are presented to the House for final deliberation. This is similar to the
situation in the United States, where standing committees are appointed based on relevant subject-
matters, and last for , unlike in the United Kingdom where standing committees are set up to consider
particular bills.16

When bills have been brought to a particular house by a government department or a parliamentary
sponsor(s), they first undergo a first reading where the bill is presented for mention. This is followed by
the second reading, which involves a discussion of the principles governing the bill. The bill may be
rejected at this stage if it is not believed to have a significant justification for legislation. The level of
support given to a bill may also be a consequence of political affiliations and lobbying, and not necessarily
have much to do with the content of the bill, as was noted in our discussion of the proposal stage.

After the second reading, when a bill has been accepted for consideration, it goes through the Committee
stage, where the members of the relevant standing committee deliberate on it. This stage usually involves
a thorough review of the bill, and sometimes a public hearing to invite opinions from interested members
of the public. After the committee stage, the revised draft is presented before the House in what is called
the Report Stage. Here, the revised bill is presented before the House for further deliberation. This stage
is followed by the third reading, which is a final consideration of the bill in its conclusive form. When the
bill has been passed by the required majority in the House where it originated, it goes through the same
process in the other House.17

14
Note that there is a fusion of the powers of the different arms of the British government, so that Cabinet
Ministers may also be members of the legislature, and therefore act in a dual capacity.
15
Section 58 of the 1999 Constitution
16
See Jones, Harry W., Kernochan, John M., and Murphy, Arthur W. (1980) Legal Methods: Cases and Text
Materials (The Foundation Press; New York) at p.273.
17
While section 58 of the 1999 Constitution covers the general legislative process, Section 59 establishes the
process for the passage of an Appropriation Bill.

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Wahab Shittu
Yinka Owoeye February 2021
The legislative process is different during military regimes; it is less tedious and not as thorough, which
makes the passage of law easier, but not necessarily more effective.18

c. Under Military Regime: More than half of Nigeria’s post-independence life has been spent under military
rule. From 1966-1979 and 1983-1999, the country experienced several military regimes. During these
periods, the laws made by the federal government were known as Decrees, and those made by the State
government were known as Edicts. In a military regime, parts of the Constitution are suspended, and the
hierarchy of laws is usually

i. Constitution (Suspension and Modification) Decree

ii. Decrees of the Federal Military Government
iii. Unsuspended provisions of the Constitution
iv. Acts of the National Assembly
v. Edicts of State Military Governments
vi. Laws of the State Houses of Assembly19

Courts are usually precluded from entertaining certain issues having to do with the power of the executive
government under a military regime, for instance, issues relating to the power of the state administrator
to make laws concerning matters on the concurrent list without consultation with the federal
government.20

It is important to note that Ordinances became known as Acts and Laws, depending on the scope of their
application, after 1954. Also, after a return to civilian administration, decrees and edicts became known
as Acts and Laws respectively.21 Acts of the National Assembly in force can be found in volumes known as
Laws of the Federation of Nigeria, the most recent revision of which was in 2004. Laws are arranged
alphabetically and in Chapters in these volumes, which provide an easy reference point for students,
lawyers, judges, academics, or anyone who wishes to find the law on a particular subject.

The significance placed on these instruments does not particularly change during the different types of
administration, but it should be noted that the judiciary does not enjoy the necessary freedom under a
military regime that it does under a civilian administration, thus affecting the scope of interpretation and
application.22

Subsidiary Legislation

These are orders made pursuant to an Act or a Law, usually by an administrative body such as a Minister
or a Commissioner. They are also known as delegated legislation, since the power to make the law was

18
See Yusuff, Supra at p. 216-7.
19
Asein, op cit, 37.
20
Ibid, at 38
21
For example, the Companies and Allied Matters Decree, 1990 is now known as the Companies and Allied Matters
Act.
22
See Obilade, p. 66

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delegated by the recognized law-making authority under a law. The law which provides for the power to
legislate is known as an enabling statute, and the authority so empowered must act within the confines
of the enabling statute, otherwise they would be said to have acted ultra vires, outside the confines of
their power, making the resulting subsidiary legislation or the relevant provision invalid.

Customary Law

Customary law is regarded as a very important source of Nigerian law, as these laws governed Nigerian
societies prior to the introduction of English Law. These laws consist of unwritten traditional rules and
written Islamic rules, depending on the state in question. Many of the states in Southern Nigeria apply
traditional customary law, while states in the Northern part of the country apply Islamic Law or Sharia.
Since the introduction of general English law, customary law has been given limited application. For
example, customary law will not be applied by the Nigerian Courts where such law is seen as being
inconsistent with natural justice, equity and good conscience, and it is left for the courts to decide when
such customary law is so inconsistent.23 In Dawodu v. Danmole,24 the trial judge held that the idi-igi system
of inheritance known to Yorubas was repugnant, as it prescribed division of property of a deceased per
stripes (division amongst wives who would then divide amongst their children) rather than per capita
(division amongst the children). The Judicial Committee of the Privy Council disagreed with this decision,
and held that this custom was not repugnant. In Edet v. Essien, the appellant based his case on a custom
which conferred on him ownership of a woman’s children, which the latter had had for her husband,
based on the fact that he had paid a dowry for the same woman when she was a child, and was therefore
her lawful husband. The court held that the custom in question had not been established, and that even
if it were, it would be repugnant o natural justice, equity and good conscience, and therefore invalid and
inapplicable by the courts.

Since customary law is generally unwritten, it is more difficult to prove its existence in court than other
laws, of which there are records. The Evidence Act provides for the procedure for proving the existence
of customary law in a court of law, and the onus is on the person asserting the existence of a customary
rule to prove same. Section 14 of the Evidence Act provides that

(1) A custom may be adopted as part of the law governing a particular set of circumstances if it can be
noticed judicially or can be proved to exist by evidence; the burden of proving a custom shall lie upon
the person alleging its existence.

(2) A custom may be judicially noticed by the court if it has been acted upon by a court of superior or
co-ordinate jurisdiction in the same area to an extent which justifies the court asked to apply it in
assuming that the persons or the class of persons concerned in that area look upon the same as binding
in relation to circumstances similar to those under consideration.

23
See Section 26(1) High Court Law of Lagos State, Cap 52, Laws of Lagos, 1973.
24
(1958) 3 F.S.C 46

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(3) Where a custom cannot be established as one judicially noticed it may be established and adopted
as part of the law governing particular circumstances by calling evidence to show that persons or the
class of persons concerned in the particular area regard the alleged custom as binding upon them:
Provided that in case of any custom relied upon in any judicial proceeding it shall not be enforced as
law if it is contrary to public policy and is not in accordance with natural justice, equity and good
conscience.

From the above provision, the two means by which the court will accept evidence of customary law are
by judicial notice, and by proof. Judicial notice of a customary law rule will usually be taken where such a
custom, in relation to the same area, has been proven in a coordinate or superior court and judicial
notice taken of it by that court. In Santos v. Okosi IndustriesLtd & Anor,25 a case brought before a court in
Epe area in Lagos State, the court did not take judicial notice of a particular custom that had been proved
before a court in Calabar in Henshaw v. Henshaw.26 A higher court is not bound by the decision of a lower
court regarding the existence of a custom. The Court of Appeal did not take judicial notice of a rule of
customary law that had been proven in a high court, holding that there had not been “frequent proof” in
court, in Larinde v. Afiko,27 although this is not a requirement under the Evidence Act. In Osinowo v.
Fagbenro,28 the customary law rule had been proven in court three times before, and the court took
judicial notice of it without requiring proof.

Regarding proof of customary law in court, section 57 of the Evidence Act provides that

(1) When the court has to form an opinion upon a point of … native law or custom, … the opinions
upon that point of persons specially skilled in such … native law or custom, … are relevant facts.

(2) Such persons are called experts

Section 59 goes further to provide that

In deciding questions of native law and custom the opinions of native chiefs or other persons having
special knowledge of native law and custom and any book or manuscript recognised by natives as a
legal authority are relevant.

This means that evidence of customary law can be given by experts or by recognized books and
manuscripts.29 Although the Act does not make a distinction between the need for evidence in customary
courts and in non-customary courts, it has been held that there is no need to prove customary law in a

25
(1942) 8 WACA 89.
26
(1927) 5 NLR 77.
27
(1940) 6 WACA 108. See Asein, op cit, p. 122.
28
(1954) 21 NLR 3. See Asein, op cit, p. 122; See also Cole v. Akinleye (1960) 5 FSC 84 (the legitimacy case) which
took judicial notice of proof of a custom in Alake v. Pratt (1955) 15 WACA 20.
29
Ibrahim v. Barde (1996) 9 NWLR (pt 474) 513

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customary court. Situations where the need may arise to prove customary law in a customary court
include the following

a. Where the law of the court is not the law prevailing in the area of jurisdiction of the court
b. Where the members of the court are from an area different from the area of jurisdiction of the
court
c. Where the area of jurisdiction of the court is so wide that the members of the court will not be
expected to know all the customs of the constituent areas
d. Where the members of the court are not versed in the custom sought to be relied upon31

When there is a clash between customary law and General Law, the latter will prevail. Customary laws, as
a source, are difficult to find, since they remain largely unwritten, except Islamic Law, which is contained
in several sources, including the Quran.

Case Law

This is a very important source of law in Common Law jurisdictions, where the power of the judge to
interpret and apply ‘the law’ serves historically as a source of law. Although statutes have become very
influential as sources of law, and constitute a more definite, more accessible source of law, case law
remains a very important source in Nigeria. Cases decided by Nigerian courts lay down principles of law,
as the judges interpret and apply legislation, and in the absence of legislation, they may provide rules to
govern a particular issue. The decisions of the court are recognized by other courts, particularly lower
courts, as law, and are usually followed. This is known as the doctrine of judicial precedence or stare
decisis, which means “the decision stands”. Not every part of the court’s judgement is central, and it is
only the ratio decidendi, the reason for the decision, which is binding. The ratio consists of the material
facts of the case and the decisions regarding them.32

Where a decision has been given on a particular issue by a court, every court of lower jurisdiction must
follow that decision. The decision may be overruled by a court of concurrent or higher jurisdiction, but
until this happens, the principle laid down is considered law, which is to be applied by the courts of law,
particularly those of lower jurisdiction. where a judge does not wish to follow the decision of a court on a
particular issue, he/she may “distinguish” that case from the case at hand. Distinguishing is the process
by which a judge departs from a previous decision by showing differences between the material facts in
that decision and the facts in the case at hand. Distinguishing may be restrictive or non-restrictive.
Glanville Williams makes the distinction thus

Non-restrictive distinguishing occurs where a court accepts the expressed ratio decidendi of the earlier
case, and does not seek to curtail it, but finds that the case before it does not fall within this ratio
decidendi because of some material difference of fact. Restrictive distinguishing cuts down the
expressed ratio decidendi of the earlier case by treating as material to the earlier decision some fact,

30
See Edokpolor v. Idehen (1961) WNLR 11; Odufuye v Fatoke (1977) 4 SC 11
31
Ogbu, op cit, p. 97
32
Williams, op cit, p. 67

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present in the earlier case, which the earlier court regarded as immaterial, or by introducing a
qualification (exception) into the rule stated by the earlier court.33

It is not usual for a lower court to restrictively distinguish the decision of a higher court, because it is
bound by the content of that decision. So, a lower court may only distinguish by showing that the ratio
decidendi in the earlier case decided in the higher court does not apply in the case at hand by virtue of a
material difference in the facts.

As noted earlier, not everything said by the judge in a case is material to the judgment, so as to constitute
part of the ratio. The judge may also make some passing or chance remark which does not form part of
the ratio, but expresses an interesting and sensible approach to a particular issue, and this is called an
obiter dictum. Obiter dicta usually serve as persuasive instruments in subsequent cases where the relevant
issues they address are in question, especially when the judge or the court that pronounced them is of
high reputation.34

Obilade notes that there is no established rule of precedence under customary law, but the practice of
referring to similar facts in earlier cases is not alien to that system.35

Case law is important because of the ability of judges to tailor their decisions to sociopolitical and
economic realities, a luxury that is not available in legislation owing to the tedious procedure. Having said
that, case law has at its foundation the perception of the judge as an above reasonable person, and one
capable of reaching sensible decisions that will promote the betterment of society. This perception is not
always right.

International Law

International law, or the law of nations, is now an unquestionable source of law. However, the applicability
of such laws depends on the system of adoption practiced by a country. While international law becomes
a source of law upon ratification by some countries, in other countries, such as Nigeria and the United
States, international law must be incorporated by the legislature for it to become applicable. An example
of such a law which has become applicable in Nigeria is the African Charter on Human and People’s Rights,
the applicability of which was confirmed in the case of Gani Fawehimi v. Abacha.36 This law is contained
in Chapter A of the Laws of the Federation of Nigeria.

The above constitute primary sources of law, that is, the sources that contain the law itself. Apart from
these primary sources, there are also secondary sources, which provide summaries and analyses of
primary sources and legal issues in general. These secondary sources include:

33
Ibid, p. 76
34
Williams, op cit, 77.
35
Obilade, The Nigerian Legal System (Spectrum Law Publishing; Ibadan) 114.
36
(2000) 4 FWLR 533.

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a. Textbooks on Law: the writings of recognized and renowned jurists on particular subjects of law, such as
Professor I.O Smith on Land Law, Professor Sagay on Contract Law, etc, serve as recognized sources of
law, which may be used by lawyers, judges, law students, and academics.
b. Law Reports: These contain reports of cases for ease of reference, and usually contain indexes based on
legal issues. They are usually produced by private organizations and individuals, such as law firms and
lawyers.
c. Law Journals: Many institutions, mainly academic institutions, publish academic journals, which contain
arguments on pertinent issues, and these can serve as resources for the lawyer, judge or law student
researching on particular topics. Examples include the Harvard Law Review, the American Journal of
International Law, the Nigerian Journal of Private and Property Law, and many others.
d. Law Dictionaries: These are reliable sources, which provide the meaning of legal terminologies, and the
legal meaning of ordinary terminologies. Words such as ‘property’ have special meanings in law, which
are more technical than their ordinary English usage.
e. Laws of Other Jurisdictions: As noted earlier, received English law forms a formidable part of English law,
but only in limited circumstances, especially since the attainment of independence in 1960. However, the
laws applied in and by English courts, and countries with similar legal systems, such as Commonwealth
countries, might provide persuasive authority in a court of law, especially where no law exists in Nigeria
on such issues. The lawyer, judge or academic may use such instances to provide persuasive authority on
how such issues should be handled in the Nigerian context.

APPLICABILITY OF SOURCES OF LAW

The different sources of law discussed above are particularly relevant to the judiciary in their job of
applying and interpreting the law. As noted, not all sources have the same status, particularly when it
comes to the application of legal rules to particular cases. Some sources, mostly secondary sources, have
persuasive authority, while others are binding. In addition, binding sources may be overruled by the Court
or declared invalid based on their inconsistency with a higher, more binding, source. This section will
attempt to lay down general rules relating to the applicability and hierarchy of sources in Nigeria. In the
next class, we will discuss matters relating to conflicts between sources.

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