Professional Documents
Culture Documents
This ―I‘ll strive‖ version of Onimisi‘s Care was first compiled in the year 2018,
and has currently undergone the first update in 2021, which is this copy.
Tijani.
Notes.
Lecture Notes.
Being a student, speaker, and English teacher, the writer took his time and
resources in adopting a chronological arrangement of the lectures. The use of
grammatical cum vocabulary construction makes it an all-time reading
material which is a must for any zenith-aspiring student of law and other
related discipline. It is indeed direct from the source.
A.S.O. Ige.
LAW/17/LLB.
one to forget what one had learned in the the witches in your village are not
early 2hrs. Why stress myself to read for after you, my sweetheart! All you
Lecture 1.
STUDY SKILLS
Study skills are arrays of skills which tackle the process of organising and
taking in new pieces of information, retaining pieces of information or
dealing in perceptions. They include concentration techniques and efficient
note making.
Listening skills.
Speaking skills.
Listening Skills
Types of Listening.
The main aim of Note taking and Note making is to summarise the content
of a lecture or a written text into its most important point for the purpose of
reading, recalling, and evaluating the substance of the note at a later stage.
Definition of Notes.
Note Taking.
It is the art of reducing, into writing, an oral discourse for subsequent reflections
usually for the purpose of learning.
Note taking involves the use of receptive language skill of listening. You are
required not to take too little or too much of the note.
The Preparatory Stage: This entails actions done before the lecture, such
as: reading a reference material on the topic, and being physically,
psychologically, and mentally prepared for the note taking.
Note Taking Stage: This involves the note-taking activity and it requires
active listening during the lecture, which is characterized by
concentrating and remaining focused on the lecturer and what is being
discussed. You should take note of important points and useful
explanations.
Reorganisation Stage: This entails activities, done after the lecture. This
involves reading over the notes, classifying the missing part, and adding
more notes and examples to the main points.
Cornel Method: This is done by using two columns to take note. One
contains the key words or concept and the other contains the description
or notes associated with the key words.
Note Making.
Note making is the act of reducing into writing, information from textbooks,
articles, journals, newspapers, or internet sources in your own words. It equally
includes note made after reading and comprehending lecture notes.
Note making could be distinguished from note taking in that, while note taking
involves writing what is being heard from a lecture, speech or presentation, note
making involves writing what is understood from written materials.
Essay Writing.
Report Writing.
Examination.
Answers to questions.
Seminar presentations.
Read and understand the texts or materials consulted before making the
note.
Use good English grammar to make note, for you are not the only one
who is going to use the note — your friends could borrow them or so.
While making note, you should arrange the relevant points into
paragraphs for easy reading and comprehension.
Speaking Skills.
Develop Self-Confidence.
Be Time Conscious: Take note of the time limit. While you are being
conscious of your time, take note of attitudes of the audience, which may
signify boredom.
Kinds of Speech.
A speech that is read is simple as it aids the speaker to convey the intended
message, verbatim.
A memorised speech is the kind of speech where the speaker memorises all
pieces information that he or she intends to pass across to the audience. This
kind of speech is not favourable as the speaker may forget important points he
or she wishes to say.
The impromptu speech is the speech delivered without any prior preparation.
Such kinds of speeches are usually short and precise.
Lecture 2.
The history of the legal profession in Nigeria is closely identified with the
history of the British system of court and colonial rule.
The first legislative step to regulate this legal advocacy was taken in 1876 with
the enactment of the Supreme Court Ordinance of 1876. By its provisions, three
classes of people were allowed to practice as legal practitioners in Nigeria,
namely:
Those who have worked with legal practitioners for a period of at least 5
years and were deemed sufficiently knowledgeable in the law to practice
as attorneys.
The local attorneys appointed by the Chief Justice of Nigeria whom were
other fit and proper persons considered capable of appearing as barristers
before the courts.
The first Nigerian Lawyer who made his appearance at the Supreme Court in
1880 was Mr M.H. Sapara Williams.
Lawyers received their trainings from England where they qualify either as
barristers or solicitors. This distant training raised concerns over their capability
to practice before the Nigerian courts. The concerns were that the dichotomy
between the barristers and solicitors in England, as they were so trained,
rendered them inadequately equipped for the combined role in Nigeria.
Furthermore, the English trained legal practitioners were considered not well-
grounded in the customary law which formed the integral part of the Nigerian
Legal System.
The recommendations led to the enactment of the Legal Education Act, 1962,
dealing with the training of legal practitioners; and the Legal Practitioners' Act,
1962, providing for regulations of legal practice in Nigeria.
Those enrolled in the roll of legal practitioners at the Supreme Court. For
a person to be enrolled in the list, such person must have been called to
the bar and must produce the certificate of the call to the registrar of the
Supreme Court.
To crown it all, the two enactments mentioned above have been replaced by
another Legal Practitioners' Act, 1975. They can be found in the Laws of the
Federation of Nigeria 2004 — CAPS L10 $ L11.
Course’s Outline:
A lawyer may acquire different skills for argument, but whichever skill a lawyer
may acquire without knowing how to write is considered useless. This course
(English for Legal Writing) is aimed at teaching you the techniques involved.
For you to write – you need to know the skills involved.
The history of legal profession in Nigeria is traceable to the period before the
advent of the British into the territory now called Nigeria. The country Nigeria
only came into existence in 1914 after the amalgamation of the three distinct
administrative unit of Nigeria by the then Governor-General, Sir Fredric Lord
Lugard.
Prior to this era, legal advocacy did not feature in the Nigeria system of rule
because, before the emergence of the Colonial masters, Nigeria was
administering justice through the Islamic and Customary law.
In 1808, Usman Dan Fodio assembled the Fulani army to lead a war against the
Hausa Kingdom of the Northern Nigeria. After this incident, the Northern
Nigerians (Hausa and Fulani) started administering justice via the Islamic
Sharia. Prior to this incident, the Southern Nigerians were made of different
communities with various customs and traditions. The communities
administered justice via a means known as the customary law.
In 1861, the British colonial masters annexed Lagos and made it a colony.
Starting from this era, the British masters started colonizing us via a method
known as the ―indirect rule system‖. When the British came into Nigeria, they
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brought three things which were; Christianity, English Language and the
Common law practice of the people of England. Common law is the legislation
common to the people of England and it is being practiced by them. After the
emergence of the colonial masters, it was argued that whenever there was a
dispute between the Nigerian indigenous men and the British men, the Common
law practice of the people of England should be used in settling such disputes.
The first step to regulate the legal advocacy in Nigeria was taken in 1876.
During this period, ―The Supreme Court Ordinance‖ was established. By the
virtue of the provisions of the Supreme Court Ordinance, three kinds of people
were allowed to practice as an active legal practitioner:
iii. The local attorneys, who were given license which lasted for a period
of 6 months and renews it.
The first indigenous lawyer who made his appearance at the Supreme Court in
1880 was Chief Alexander Sapara Williams popularly known as M.H Sapara
Williams.
The then CJN had the power to appoint the local attorneys/charlatans.
In 1908, the qualified attorneys protested against the appointment of the local
attorneys which restricted the local attorneys/charlatans from practicing and
thereby only limiting legal practice to the qualified advocates.
ii. They had problems with the understanding of our customary law
iii. They were trained in England and they had problem with the nature of
Nigeria justice system.
i. Those enrolled on the roll of legal practice at the Supreme Court; for a
person to be enrolled, such person must have been called to bar and
must produce the certificate of call to the registrar of the Supreme
Court.
ii. Those permitted by warrant; those authorized by the Chief Justice of
Nigeria to appear as legal practitioners in particular proceedings.
iii. Those entitled to practice by virtue of their offices, such as the
attorney-general, solicitor-general, director of public prosecutions, etc.
The two legislations mentioned above have been replaced by another Legal
Practitioners Act, 1975. They can be found in the laws of the federation of
Nigeria 2004 – CAPS L10 and L11.S
Lecture 2.
Thought is just a piece of idea or the innermost feelings of ours that we have in
our brain and mind. However, these innermost feelings of ours can be arranged
beautifully but without a vehicle to express your feelings, that thought is
considered useless and worthless.
No matter how convincing our thought may be, it can never be understood
unless it is communicated through language. Therefore, language and thought,
as far as communication is concerned, are inseparable, i.e., they work together
as far as legal profession is concerned.
In achieving your objective, you need to organize your thought and apply proper
usage of the right phrase. According to Lord Stevensen, ―it is not for you to
write but to write what you mean, not to affect your reader but to affect him
precisely as you wish‖. Therefore a good writer must learn how to apply the
proper usage of the right phrase in order to achieve his/her aims and objective.
Forms of Language.
i. Oral
ii. Written
iii. Gesture
Oral: The oral form of language is the form of language in which
information is being passed from one person to another through the use of
mouth and all other related components. This form of communication is
also known as ‗spoken‘.
As clearly noted above, among the things that were imported to Nigeria during
the colonial era is the English Language.
―There can be no doubt that the official language of superior courts of record
in Nigeria is English and that if documents written in an language other than
English are to be tendered and properly used in evidence, they must be duly
translated into English either by a competent witnesses called by the party to
the proceedings who needs them to prove his case or by the official interpreter
of the court.‖
The case of Damina v The State is also very instructive in this case.
However, there are some circumstances where a language other than English is
used at the inferior courts.
Similarly, our thoughts and ideas which are abstract in form can only be
conveyed to our audience through the use of carefully organized words, phrases
and sentences.
Lecture 3.
LEGAL WRITING
Before we proceed, we will have to take the definition of the phrase, ‗legal
writing‘. The phrase ―legal writing‖ contains two words; ‗legal‘ and ‗writing‘.
‗Legal‘, which is an adjective, refers to something that is related to law, while
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‗writing‘, which is used as a noun, refers to one of the most popular means of
communicating, or the process through which members of the legal profession
communicate in writing.
In the legal parlance, writing is the medium in which lawyers must express their
analysis of an issue and seek to persuade others on their clients‘ behalf. It is also
the law and fact or synthesis of law put together in a written form. When a
lawyer writes, he basically does two things:
Any legal document must be concise, clear and conform to the standard that has
evolved in the legal profession.
Legal Drafting.
i. Letters
ii. Memo
iii. Rejoinment
iv. Conveyer
v. Motion
vi. Affidavit
Who is an Attorney?
Pre-writing stage
Writing stage
Post-writing stage
Pre-Writing Stage.
‗Pre‘ is a prefix used to mean ‗before‘. This is the stage of thought formation; it
is the stage where you organize your thought in a logical way. In this stage you
try to know the person you are writing to
Writing Stage.
The writing stage is a stage where you put your thoughts in black and white.
Here you are expected to put a requisite minimum skill in writing.
Post-Writing Stage.
As the prefix implies ‗post‘ (after); this is the stage where you have to ask
yourself some question pertaining to the work you‘ve written; if it contains
spelling error, syntactic and grammatical error, will the document achieve its
purpose, and so on.
Lecture 4.
If a legal practitioner wants to write, he does not just write, rather he considers
the skills involved. Therefore, if you write, you should be able to appreciate the
principles of legal writing. Most of these principles, are better understood
through the ―Pre-writing stage‖:
Pre-Writing Stage
Aims of Writing.
Aim is what you seek to achieve, or having the intention to achieve something.
Your aim of studying law is to become a legal practitioner, so, whenever you
write, you should know your aim of writing the piece. If you write, your aim
should be to inform and convince your reader/audience; in any instance,
knowing your aim will assist you in your draft.
Audience.
Apart from knowing your aim of writing, you should also know your audience
because it is they who would tell you if you should choose high sounding words
or not. At times, you should be mindful of the words you use for your audience
because your audience may end up being confused instead of being convinced.
Our audience help us to know the way and manner we write, but if you do not
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know your audience, you will have to assume his personality. For example you
are asked to write to the Dean of the Faculty of Law in the University of Lagos.
Since you don‘t know the person in question, you will have to write based on
his educational background and not his personality. Sometimes when you write
or draft a document, you will have to place yourself at the audience‘s shoe.
Planning.
In the actual sense, layout simply means how the document looks like. Layout
could also be important in the ‗writing stage‘ as at the point of implementation
because you are putting down the structure on a sheet of paper.
a. Authority
b. Formality
c. Diction
d. Precedent
Authority.
Whenever someone from History, Medicine, or Agric writes, you may or may
not see him/her citing any authority. However, if someone from Law writes, you
will always see him/her citing authorities.
For example, someone writing about fundamental human rights will postulate
that ―everyone has the right to life‖. Yes, everyone has the right to life, but, in
law, whenever you say anything, you will have to back it up with proves. For
example, if you postulate that everyone has the right to life, you will have to
support your postulation by making reference to section 33 (1) of the 1999
Constitution of the Federal Republic of Nigeria, which says that ―Every person
has a right to life, and no one shall be deprived intentionally of his life.‖
One of the things you will see in legal writing is authority and it is also one of
the most important/special features of legal writing.
i. Statutory authority
ii. Judicial authority
i. Statutory Authority
This simply means courts‘ decisions and that is what we call case law in the
Nigeria Legal System.
If a court decides a matter, the decision of the court becomes an authority, and,
to some extent, used as stare decisis (judicial precedent). Therefore, be
informed that whenever you write without any authority, you may not gain
judgment.
Formality.
One of the features of legal writing is formality. While writing, you must be
careful of your diction, so that you may not end up becoming too technical or
too literal.
Whenever you want your writing to be formal, you can concoct statements like
―the decision of the trial court was set aside by the appellate court‖ or you can
say ―there is a lawsuit between Mr A and B pending before the Supreme
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Court‖.
Diction.
Diction in law can be seen as the choice of words that relates to law. Choosing a
good diction will make the document to look like a legal document. In the use
of diction, if someone who is not a lawyer writes, you will know.
Legal Vocabularies.
Our aim is to teach you how to use those words whenever you see them, and if
you use them, they make your work look legal.
Precedent in the legal parlance means ‗example‘ i.e. the way and manner a
particular thing was done before. In summary, if you write, you will have to
enquire if there has been a laid down example.
If you use precedent, you should be very careful to change or edit the necessary
pieces of information. Therefore, it is argued that precedent should be used with
caution.
Advantage of Precedents.
i. It saves time
ii. It aids in maintaining uniformity: what is important in precedent is the
layout, its consistency and uniformity.
Lecture 5.
Drafting is a form of Legal writing. Drafting skill means the same thing with
legal writing skill. Legal writing /drafting skill is the process of expressing our
thoughts through the medium of communication. Remember that the main
function of a lawyer is to represent his client. The client is the master of the
facts while lawyers are the masters of the laws.
Legal writing may also mean the synthesis of fact and law in a written form. For
instance, if a client comes to tell you that he/she has bought a plot of land, for
What is a Skill?
A skill is the ability to do something well. The attribute, the technique, the
intensive mental creative ability to do something unique and presentable is a
skill. Some advocates argue that a draftsman is a craftsman. Therefore, he
should be able to introduce a skill to make his work look special. That ability
that a lawyer has to write well to organize his thought is a skill.
Skills of Drafting.
Instructions are guidelines; they are things that regulate you on what to do.
Therefore, understanding the client‘s instructions is very important since the
business of a lawyer is to represent his client. The best way to understand the
client‘s instruction is by client interview; this is a process whereby a legal
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practitioner elicits all the relevant facts with a view of rendering legal services
to his client.
For you to really understand the instruction of your client, you will have to use
your knowledge of Psychology (study of the mind) to know his state of mind. A
client may say that all what he or she wants is a divorce; as a legal personnel,
you have the responsibility to calm him or her down.
To start an effective conversation with your client, you will have to start your
opening speech by introducing yourself. If he or she is not in a good mood, you
can skip it. Having introduced yourself, you will have to start your conversation
by either asking a close-ended question or an open-ended question.
Examples include:
Examples include:
Finally, when your client starts divulging the facts, you will have to develop an
active listening technique so as to fully understand the facts divulged by the
client. An active listening technique is a technique where you listen to your
client actively.
The first skill you need as a legal practitioner is to understand the instruction of
your client. To appreciate the skill of drafting, I will refer you to my Journal
―Legal Writing: an Indispensable Skill in Legal Practice.‖
In legal practice, there are two complementary skills; advocacy and legal
writing. Be informed that the success of an advocate is his ability to write to the
court of law. Your ability to use skills and language is very important as well.
Understanding the client‘s instruction is very important. If you write, you must
display the instruction of your client in your document.
Interviewing the client is another vital skill. While interviewing the client, you
must create enough confidence in your client.
For you to get enough facts from your client, you can ask him or her either an
open-ended question or a close-ended question so as to know if there is any
Note taking is another important skill when interviewing the client. While
taking note, you must avoid all distractions in order to get the necessary facts.
Endeavour to advise your client based on the position of the law; if, however,
you are not sure about the position of the law, you will have to give him a
preliminary piece of advice and later make research about the exact position of
the law. After the interview, you will have to ask the client what he wants you
to do for him.
The minimum standard as far as the language of law is concerned is for you to
understand the basic rules of grammar. Since the English Language is the
language of the profession, you must master the basic rules of the English
grammar so that when you write or speak, people will not look at you in an odd
manner.
For every trade, there are tools. The tools of legal profession are three;
The knowledge of the law is very important in legal practice since you are the
master of the law. When your client lays a complaint, it is your responsibility to
know the applicable law.
There is this argument that between the knowledge of the law and language,
Plain English is a good professional language. The use of simple words makes
your argument clear to your audience and the third party. When drafting, draft
in such a way that your drafts will be so clean that the intended audience will
understand. The modern trend in Legal writing is the use of simple words. So,
try as much as possible to write plainly with the use of diction that will be
understood by your audience. When drafting, you don‘t longer need to write
high sounding words. Your usage of legal terminologies should be with caution
so that you will not confuse your audience.
Use of Paragraphs.
When you write without paragraphs, it looks untidy. So when you write, you
have to break it into paragraphs and each paragraph should contain a single
subject matter.
Short Sentences.
Short sentences are better understood than long sentences and whenever you use
short sentences, it has the ability to present the issue in a straightforward
manner. Do not write in long sentences; try to break the sentence for easy
understanding.
Avoiding Ambiguity.
You should use words that can clearly say what you mean. From the reading of
the document, the reader should be able to predict where you are heading. For
instance, ―if the dog doesn‘t like cold water, boil it.‖ From this statement, we
can see that it is somewhat ambiguous as we do not know if we are too boil the
water or kill the dog and boil it.
It is important to note, however, that punctuation marks are not cosmetics, even
if they are cosmetics, they should be used carefully.
From the above example, we can see that the power of punctuation has helped
to change the meaning of the statement. The first statement refers to the student
as an unserious type, while the second statement refers to the V.C. as unserious.
Spelling.
i. Write/right
ii. Break/brake
iii. Cent/sent
iv. Die/dye
v. Sea/see
vi. Great/grate etc.
Editing.
Editing is a post-writing stage. After you finish writing your documents, you
need one last skill which is editing.
As a draftsman, you can‘t just write and submit, you will have to edit it by
scrutinizing what you‘ve written by the time you have finished writing.
The ways of answering examination questions vary. The number one thing you
should take cognizance of is the instruction of the examination. Each of the
examinations comes with instructions, please, do not rush. You may be asked to
answer question one as a compulsory question and then pick any other two, that
makes a total of three questions. In this kind of exam, your expectation is to
give special attention to question one because, usually, compulsory questions
carry more marks; sometimes twenty to twenty five marks out of the forty pass
mark. If you are able to answer the compulsory question very well, it means you
are half-way (without your C.A.). If you don‘t understand the instruction of the
question, don‘t hesitate to call the attention of the course lecturer or the
invigilator in the hall.
Read the Questions Very Well and Start with the One you
Understand Best.
There is no rule that says you must start with number one, you can start with the
first, second third and even the last question. In fact, there are times when you
start with the last question.
1. Writing is an art, and legal writing requires the application of special mental and
practical skills. In view of the above, professionally discuss the relationship between
thought and language.
2. You are a junior counsel with A. A. Zunnurain & Co. after your call to the Bar. One
morning, Madam Fauzau came to your office with a matrimonial problem while your
Principal was away for a meeting. You called him on phone and he asked you to go
ahead and professionally assist her. He however cautioned you to use your legal
skills. Please, oblige Madam Fauzau.
4. The general principles of legal writing demonstrate the specialty and distinctiveness
of drafting legal documents. Discuss.
a) Legal Writing.
7. Experts in communication posit that personal communication from one person to one
or more others is the strongest and most persuasive means of putting across a
message. Considering this assertion, comment fully on the principles of effective oral
communication.
8. Figurative Language is often associated with literature and with poetry in particular.
Whether we're conscious of it or not, we use figures of speech every day in our own
writing and conversations. What are these figures of speech? Explain the functions of
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any seven (7) types of figures of speech using at least two (2) relevant examples of
each.
9. Mention 10 punctuation marks used in legal writing and while citing relevant
examples, explain the functions of any five of them.
a) Paragraphing technique.
Nature of Law.
It proscribes/prohibits conduct.
It recognises rights.
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It protects rights.
Legal Methods is one of the courses that gives you the process or the
methodology of law, i.e., it introduces you to law. It is not a course that teaches
you the law of a particular sector but rather it is a course that gives or inculcate
in you the technique of ‗thinking like a Lawyer‘. That technique that gives you
the rudiment of law, the process is known as ‗Legal Methods‘.
The aim of Legal Methods is to teach you the methods of appreciating and
applying the law as you meet it in your subsequent levels.
WHAT IS LAW?
- Dr Aliyu Mustapha.
General Overview.
The word ‗law‘ has no generally agreed definition; in fact, an attempt to define
law is an attempt in futility. Law is viewed from different field of study. For
example, in Economics, we have the Law of diminishing return; in Physics we
have numerous of laws which include: Boyle‘s law, Charles‘ law, Hooks‘ law,
Ohm‘s law, etc. The Laws mentioned above have various principles guiding
them and if a principle is breached, there will be no punishment accorded to it.
o Whether it is constitutional;
Characteristics of Law.
1. Dynamism;
2. Normative;
3. Man-made;
4. Binding;
5. Sanction‘;
6. Territorial.
Normative: Laws are Normative in the sense that they are accepted rules and
regulations to govern the people in a given society. For example, the members
of the Nigeria legislature represent the people and, in return, make laws for the
benefit of the people. If a law is made by the representative of the people for
their benefit, it is said to be normative.
Binding: The law made should be applicable to all its subjects. The law is
supreme to all and sundry.
Lecture 2.
— Dr Nuhu.
The study of the sources of Nigerian law could be carried out from two
perspectives, that is, to examine the source as it relates to Origin, as well as
the sources as it relates to Authority.
The source by Authority, on the other hand, examines the nature of laws that a
person or court relies upon in arriving at a decision. This includes; Statutory
and Judicial Authority.
In terms of origin, Nigerian law derives its source from the following.
Nigerian Legislation.
Customary Law.
Islamic Law.
Case Law.
Received English Laws are the laws imported by the colonial masters and
were received by the people of Nigeria — voluntarily or involuntarily.
Before they became colonial masters, they were business people. They came
to Nigeria in order to do business — in their mind, they had the intention to
colonise us. They came to buy from Nigerians. When they entrenched their
business activities in Nigeria, they discovered that there usually used to be
disputes in their businesses. They noticed that the way we settled our disputes
(Islamic Law and Customary Law) were not in line with theirs. They,
therefore, refused to subject themselves to the rules of the Nigerians.
Gradually, they decided that if they must do business with Nigerians, the
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Nigerians must agree to apply their own English laws. Because our people
weren't very wise back then, they agreed. Most of their transactions back then
were done in Lagos, because of the Sea. They seized one opportunity back
then when the king of Lagos died. The European supported a Nigerian
(Dosunmu) to ascend the throne. After three years, the England brought some
documents to this king and asked him to sign the agreement that England
should send troops to protect them in order for him to rule the people with
ease. Because the king trusted them so much, he didn't bother to read the
contents of the document before signing. The essence of the signature was the
beginning of colonisation in Nigeria. That was how the England brought their
Laws to Nigeria and started to rule Nigeria.
They are;
Common Law.
Equity.
Common Law.
Common laws are the laws common to all the people of England.
The whole of England was a village before 1200. By 12th Century, Norman
Conquest took place — it marked the beginning of a centralised system of
Law in England. Before that time, each village had its own customs. It was
the Norman Conquest that merged all the communities of England together.
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By merging them together, common law came into existence.
Each village in England had its own customs. The Norman king assigned
Judges to the various villages of the city to settle issues. Whenever all the
judges came for congress, they picked some laws, which they considered
being of good conscience, from each village and that was what brought about
common law.
Common Laws are laws derived from the various customary laws of the
various villages in England. It is the unified customary laws of the villages in
England.
Thus, what we have is The England Common Law. We don't have The
Nigeria Common Law, because Nigeria is a country with over 250 ethnic
groups with divergent tribes. You can only have common law when you have
ONE tribe operating in a different system of law.
Before the Norman Conquest of 1060, the inhabitants of the present day
England were governed by different types of customs. This continued even
after the conquest because King Williams 1 allowed the English people to
maintain their rights and laws. That is to say, the people of England continued
to operate their local customary laws even after the conquest. King Williams
met much diversified laws in England. Therefore, it took another two hundred
years before having a central government, as well as a uniform legal system.
The machinery set out to unify these diversified customs was the appointment
of judges by the king in each and every local community in England. The
judges so appointed used to select and apply certain customary laws and made
those laws applicable in all cases rather than relying on a particular custom to
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decide on each and every matter presented before the court. In other words, the
system of laws which those judges met in their areas of jurisdiction was that
each case has a particular law applicable to it. Therefore, if you have ten cases
before you, you are to apply ten different customary laws. By selecting a
particular customary law and making it applicable to all cases, the judges were
able to arrive at a unified system. The end result of this process was that the
local customs or customary laws were replaced by a body of rules applicable
throughout the whole country. This body of rules is known as the common
law — that is, the law which is common to all people of England. At that time,
there was no parliament in England, therefore, there was no form of written
law. The judges only relied on their previous decisions for guidance in order to
have consistency in the application of the common law.
In view of the last part of the previous paragraph, during the early time of the
common law, there was no written law in England. The only law that governs
the affairs of English people at that time was the common law, and the
common law judges developed the law by making references to their previous
decisions — this is, if a case was brought before them and they decided that
case in a particular way, the decision they arrived at in that case will serve as
a reference point in any subsequent similar case. This process is technically
referred to as stare decisis.
The common law operates with rigidity. This rigidity led to people running to
the King to get the remedies to their problems which, unfortunately, are not in
the catalogue of common law. The King, in turn, would speak with the bishops
surrounding him and would come up with a suitable decision for the people.
Doctrine of Equity is the principle the bishops used to apply to issues that
don't have remedies in the common law.
The King, therefore, appointed one of these bishops surrounding him to handle
the affairs of Doctrine of Equity on his behalf, as he was too busy with other
monarchical duties. The bishop was given a title known as Lord Chancellor.
The King opened a court for him and named the court Chancery Court. This
led to having two courts in England — the High Court and the Chancery
Court.
The common law was applicable in the High Court while the Doctrine of
Equity was applicable in the Chancery Court. This led to conflict between the
common law judges and Lord Chancellor. The common law court saw the
Chancery Court to be undermining its (common law court‘s) powers. It was
until 1875 that the conflict was resolved by King James who made the order
that all issues must first be reviewed in the High Court before taking them to
the Chancery Court.
Apart from common law and equity, the British also brought to Nigeria, The
Statute of General Application (S.G.A.)
The British system, as we know, has its own parliament and, as at the time
when they brought their laws to Nigeria, they came with the law made by the
British Parliament.
Before the 1st of January, 1900, all Laws made by the British Parliament from
1863 till then were applicable in Nigeria. After this cut-off date, all laws
passed in British Parliament stopped being applicable in Nigeria. They will be
applicable in Nigeria if and only if the Nigeria Parliament accept them and
modify them to become Nigeria Laws.
Statutes of General Application, therefore, are the laws passed by the British
Parliament that is applicable throughout the United Kingdom and also applies
in Nigeria before 1st January, 1900. It can also be seen as laws passed by the
British Parliament which were meant to apply to all colonies.
In Nigeria, 1st January, 1900 is the cut-off date for the application of Statutes
of General Application — i.e., any Statute passed by the British Parliament
after 1st January, 1900 is not applicable in Nigeria as a Statute of General
Application.
These laws are still applicable in Nigeria because our various high court
laws authorize the continuation of the application.
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It should be noted that the cut-off date mentioned above is not applicable to
common law and equity.
Customary Law.
The local laws that were operative in Nigeria before the advent of the British
are still in operation in Nigeria, and they shape our laws. However, not all
customary laws are applicable in Nigeria. Before a native law can be applicable
in Nigeria, it has to pass the validity tests. When it passes this test, it becomes
a primary source of Nigerian Law.
A customary law is a general term that includes all laws that were in operation
in Nigeria before the colonial rule.
―any system of law not being the common law and not being a law enacted
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by any competent legislature in Nigeria but which is enforceable and
binding within Nigeria as between the parties subject of its sway.‖
From this definition, the courts would recognise all laws that are neither
common law nor enacted by the legislature as customary law.
There are two methods of proving or establishing customary laws in the system
of this country before a superior court of record. They are:
i. Judicial notice
ii. Proof of Evidence
Essentially, this section provides the existence of customary law in two parts;
the first part is by judicial notice or proof of evidence and the second part is that
the burden of prove of a customary law will be upon the person who asserts to
the existence of such customary law.
Judicial Notice.
The circumstance which brings about the rule of customary law to be judicially
noticed by the court of law is contained under section 14(2) of the Evidence Act
which provides thus:
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‖A custom may be judicially noticed by the court if it has been acted upon by a
court of superior or coordinate jurisdiction in the same area to an extent which
justifies the court asked to apply it in assuming that the person or the class of
persons is concerned in that area look upon the same as binding in relation to
circumstances similar to those under consideration.‖
Essentially, what this refers to is that a custom will be judicially noticed if it has
been acted upon by a superior court or a court of coordinate jurisdiction in the
same territory that it is being tested. These are the only two circumstances in
which customs can be judicially noticed.
For a custom to be judicially noticed, the court will have to inquire if any court
above it has acted upon that customary law or (if there is no superior court that
has acted upon it) if there is any court that the court is of the same power and
status existing in the same territorial jurisdiction that has acted upon that
particular customary law. If there is, then the court can take that particular
customary law. These are the only circumstances which the provision of section
14(1) and (2) of the Evidence Act has been reported to take judicial notice of.
Note that the superior court or the court of coordinate jurisdiction that has acted
on that customary law must exist in the same territorial jurisdiction. The reason
why they must exist within the same territorial jurisdiction is that the ethnic
customary law is applicable to its territorial jurisdiction. Apart from it to be
judicially noticed, the custom must be recognized or accepted by the people in
the territorial location.
Before the enactment of the Evidence Act, a court took judicial notice of a
particular customary law if it had been frequently acted upon. What we mean
here is that the court would inquire to know if a superior court has acted upon
Proof of Evidence.
This will only come in place if the court does not take proper judicial notice.
The second part of the establishment of the customary law in the court of law is
the proof of evidence. This is stipulated in section 14(3) of the Evidence Act
which says:
The existence of customary law can be proved using either the testimony of
experts or books/manuscripts.
Section 57 of the Evidence Act refers to the expert testimony. What the experts
do is to give their own opinion about customary law. This section says that:
―When the court has to form an opinion upon a point of foreign law, native law
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or custom, or of science or art, or as to identity of hand writing or finger
impressions, the opinions upon that point of persons specially skilled in such
foreign law, native law or custom, or science or art or in question as to identity
of hand writing or finger impressions are relevant facts.‖
The experts mentioned here are chiefs, elders and traditional rulers who are
considered as the custodian of the customary practices.
Section 58 of the Evidence Act provides for the use of books and manuscripts,
which provides that you can use books to prove the existence of customs.
According to this section, in deciding the question of native laws and customs,
any book or manuscript recognized by the natives as their legal authority
containing their customary practices is relevant, and it is obvious that a book or
manuscript may be used in the court of law in determining the question of
customary law only if the book or manuscript is recognized by the indigenous
people of that particular community as an authoritative document containing
their customary practice.
Nigerian customary law has its fair share of laws that we would outrightly
consider abhorrent. A very popular instance is the killing of twins that Mary
Slessor stopped in the pre-colonial Calabar. There were also numerous other
gory instances like human sacrifice.
It was due to instances like this that the colonialists created the validity tests.
Before the court can apply a custom in Nigerian jurisdiction, it has to pass these
validity tests.
The validity tests have remained in Nigerian legislation since the colonial times.
— Incompatible directly or by implication with any law for the time being in
force.
The Evidence Act 2011 also provides in S. 18 (3) that a custom would not be
applicable as a law if it is contrary to public policy or is repugnant to natural
justice, equity and good conscience.
It can be quite tricky to try getting an exact meaning of natural justice, equity
and good conscience. The concept of natural justice and equity varies from
society to society. Some societies view respect for elders as immutable while
some pay a passing reference to it.
Regardless of this confusion, we can get a bearing on the meaning of this term
by looking at the various decisions of the court.
The case of Dawodu vs. Danmole which was a case about the Yoruba law of
inheritance is very illustrative to this effect. Under this custom, if a man dies
intestate with multiple wives, his property was divided according to the number
of wives he left behind.
As a result, all the children of one wife inherited the property allocated to the
wife‘s branch of the family. For instance, if Tofunmi has two children and Tayo
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has six children, the property of Tayo‘s children would be the equal to
Tofunmi‘s children‘s share. The Yoruba called this the idi igi system of
inheritance.
The trial court ruled that this custom was repugnant to natural justice. This was
because it negated the common law doctrine of equality of inheritance among
the children. At the appeal, the appellate court allowed the appeal. They stated
that it would be erroneous to import doctrines of natural justice that applied in a
monogamous society to a polygamous one like Nigeria.
An instance of a case where the courts did not apply a custom because it was
not compatible with natural justice is the case of Guri vs. Hadejia Native
Authority. In this case, the custom in question was one that didn‘t allow a
suspected Highway robber to defend himself in court. The court did not apply
this custom because it was contrary to the principle of fair hearing.
A custom will not apply on the grounds of public policy if it undermines the
already established laws. In the case of Cole vs. Akinleye, the custom in
question was one concerning the legitimacy of children born out of wedlock.
In the case, the father acknowledged the illegitimate child while he had other
legitimate children under the Marriage Ordinance. The court held that equating
the right of a child born out of wedlock with the rights of children born under
the Marriage Ordinance would be contrary to public policy.
If a customary law can pass these validity tests, it is well on its way to becoming
a primary source of Nigerian law.
Islamic Law, is a portion of the customary law except in the Northern Nigeria.
Up till the year 2000, Islamic Law was generally a portion of customary law. It
was in year 2000 that Sharia court was established in the north which lead to the
separation of the duo in NORTHERN NIGERIA ALONE.
It is flexible.
It is unwritten.
It is superstitious.
Nigerian Legislation.
The Federal level is called House of Senate while the State level is called
House of Assembly.
The laws passed by the State House of Assembly are called LAWS.
EDICTS are laws that the regional/state government make during a military
regime. (All Edicts are now known as Laws, by section 315 of the 1999
Constitution of the Federal Republic of Nigeria).
The only primary legislations are acts, decrees, edicts and laws. Bye-laws are
subsidiary legislations.
The only bodies entitled to make laws in Nigeria are the National Assembly
and State House of Assembly, and the legislations they make are called
Primary Legislations.
Any legislation made by any body aside the recognised body (National
Assembly and State House of Assembly) falls under the Secondary/Subsidiary
Case Law.
Case laws are laws that emanate from judicial decisions as regards to a
particular case or specific legal situation which has been formulated over the
years. The principle of case law or judicial precedent is based on ‗stare decisis‘
which means stand by what has been decided.
The doctrine of stare decisis is the principle of English law that precedents are
authoritative, binding and must be followed unless there is a reason to deviate
from them.
This section does not only empower the judiciary, it also gives room for the
establishment of courts. The courts established by this section are known as the
Superior Courts of Record. Any form of decision from the Superior Courts of
Record becomes a precedent to the Inferior Courts.
1. Original
2. Derivative
A judicial precedent is original if it establishes a new rule for the first time.
Obita dictum are ―by-the-way‖ statements made by the courts, and, as such,
they are only persuasive and not binding. This is in accordance with the
definition given by the court in the case of Buhari v Obansanjo (2000) FWLR
part 1988.
Generally, courts of inferior status are bound to follow the decisions of courts of
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superior status.
Hierarchy of Courts.
A perfect understanding of how case laws operate works hand-in-hand with the
understanding of hierarchy of courts in the system of this country. Below are the
arrangements of the courts in Nigeria in order of their hierarchy.
The Supreme Court is the Apex Court of the land; all the decisions of Supreme
Court must be followed by all other courts. The Supreme Court is not bound by
its previous decisions, neither is it bound by the decisions of other courts, but
those decisions only serve as persuasion and not binding.
The Court of Appeal is bound by the decisions of the Supreme Court. All
inferior courts to the Court of Appeal are bound by the decisions of the Court of
Appeal. The Court of Appeal is bound by its own decision, except in the
following instances:
i. When there are two of its decisions that conflict. It is free to choose
between two conflicting decision of its own;
The above named courts are courts of coordinate jurisdiction. This means that
they are courts of equal status and they are bound by their decisions in their
jurisdiction. The courts of coordinate jurisdictions are all bound by the decision
of the higher courts in the hierarchy; however, they are not bound by the
decisions of one another.
Magistrate Courts.
The decisions of Magistrate Courts do not bind other court and they are also not
bound by their previous decisions, although they serve as persuasions. The
Magistrate Court is bound by the decisions of the higher courts in the hierarchy.
Customary/Area Courts.
The decisions of the higher courts in the hierarchy do not bind the
Customary/Area Courts neither do their decisions bind others.
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Conditions for Departing from the Decisions of Higher Courts.
Lecture 3.
The major (almost all) part of this post is basically from Dr Nuhu's Lecture
on Sources, Types and Classification of (Nigerian) Law (four lectures). Just
a VERY LITTLE PART is gotten from the below;
3. Constitution of the Federal Republic of Nigeria 1999 (as amended) OK, let's
go!
There are different meanings of the word law. Perhaps this is best conveyed by
the view of Baron De Montesquieu in his book, Spirit of the Law, where he
wrote:
―Laws in the wider possible connotations are any necessary relation arising
from a thing in nature. In this sense, all beings have their laws; the Deity his
laws, the material world it laws, the intelligence superior to man its laws, the
beasts their laws, man his law…‖
From the above, it can be seen that law is used in multiple senses. Thus it is
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imperative for the different types of laws to be considered. They are:
1. Eternal Law.
2. Divine Law.
3. Natural Law.
Eternal Law: The word eternal means something that would last forever.
Eternal laws are laws that have applied since the beginning of time and
would exist till the end of time. These laws cannot be changed. A very
good example of eternal law is the law of gravity. From the inception of
time, it has been understood that what goes up must come down. This law
would not be changed and is thus right to be regarded as eternal.
The logic behind the use of divine law stems from the fact that God,
accepted as all knowing and all wise, is in the best position to make laws
for the use of mankind.
Natural Law: In the legal sense, natural law can be said to be law as
espoused by the natural law theorists. This law is said to be the law that is
innate in all mankind and can be deduced through the use of reason. For
example, it is accepted in all cultures that murder is wrong and should be
punished.
CLASSIFICATIONS OF LAW.
The classifications of law are the different categories into which all areas of law
can be collated. A particular classification of law encompasses all types of law
but it distributes them according to a particular unique characteristic.
Public Law can be defined as that aspect of Law that deals with the
relationship between the state, its citizens, and other states. It is one that
governs the relationship between a higher party — the state — and a
lower one, the citizens. Examples of public law include Constitutional
Law, Administrative Law, Criminal Law, International Law and so on.
Private law, on the other hand, is that category of the law that concerns
itself with the relationship amongst private citizens. Examples include the
Law of Torts, the Law of Contract, the Law of Trust and so on.
Civil law in this regard can be defined as the aspect of Law that deals
with the relationship between citizens and provides means for remedies if
the right of a citizen is breached. Examples of civil law include the Law
of Contract, the Law of Torts, Family Law etc.
Criminal Law, on the other hand, can be referred to as that aspect of Law
that regulates crime in the society. It punishes acts which are considered
harmful to the society at large. An example of criminal law is the
Criminal Code Act which is applicable in the Southern part of Nigeria.
On the other hand, in civil cases, the standard of proof is on the balance
of probabilities, as seen in section 134 of the Evidence Act, 2011. Also,
the burden of proof shifts between both parties when they need to
establish their case.
Judgement normally goes in favour of the particular party that has been
able to prove its case more successfully.
Substantive Law is the main body of the law dealing with a particular
area of law. For example, the substantive law in relation to Criminal Law
includes the Criminal Code Act and the Penal Code Act.
Procedural law, on the other hand, is law in that deals with the process
which the courts must follow in order to enforce the substantive law.
Examples include the rules of the various courts and the Administration
of Criminal Justice Act 2015, which is the procedural law in relation to
the Criminal Code Act and the Penal Code Act .
Unwritten laws, on the other hand, are those laws that are not enacted by
the legislature. They include both customary and case law. Customary
Law as part of its basic characteristic is generally unwritten. Case law,
though written down in a documentary format, would be regarded as
unwritten law based on the fact that it is not enacted by the legislature.
Final Lecture.
- Dr Aliyu Mustapha.
General Background.
For every profession, there are skills, techniques, and ways in which that
profession is being practiced. A medical doctor or an engineer is different from
a lawyer because of their different calling.
A medical doctor who wants to examine a patient may start asking about his
name, the symptoms or complaints of the patient. An engineer may ask
questions about what the client wants. We must know that the background of an
engineer or a medical doctor is different from that of a lawyer.
With the aid of legal method, you understand legal terminologies. For example,
you meet a history student and tell him you are going to prison to interview the
convict. He may not understand what convict is. You may also tell him that
after the defendant was convicted by the Court, he pleaded allocutus. You may
also tell him that, the ratio decidendi for the decision of A against B was for the
society to live in peace. He may still not understand those terminologies. Legal
Methods helps to understand those terminologies. Legal Methods also teaches
you the background as you grow and take other courses in law.
i. You must see the convict since he is the one affected and he is the one
that will tell you the entire truth. The need to see him is because some
of the stories may not be the actual fact
ii. You need to look at the record of proceedings. From the records, you
will see how the trial went. After you have done all these, you will
come back to your office to find out certain things.
a. Whether the offence he is charged with is known to law; is it
written? If it is written, under which law and what are the
provisions, the actual wordings of the offence he was charged?
b. Is he of age (because there are differences between arraigning a
minor and someone who is mature)? If he is of age, is he a first
time offender or he had been convicted before?
c. What were the evidences that were put before the Court?
d. And what was the capacity of the prosecutor; was he prosecuted by
a police officer, or by a lawyer from the federal or state ministry of
justice? Does the prosecutor even have the legal capacity to
prosecute?
e. Does the court have the jurisdiction to try the case?
f. Was he given fair-hearing since he was not represented?
These are some of the things you need to ask yourself and analyse. It is only
Legal Methods that gives you the capacity to do all these. Your ability to marry
the facts with the law is what Legal Methods is aimed at teaching you. As much
as I love your cell-phone, I cannot take it; as much as you love my car you
cannot have it except with my express permission; as much as we (lecturers)
have rights against you, we cannot insult your parents; as much as you have
You cannot just be arrested by the police, they are meant to arrest if there is a
good reason, if there is a reasonable suspicion. The duty of a policeman is to
prevent crimes, enforce law and order, and protect lives and property. These are
the primary functions of the police, they cannot do that except there are
circumstances warranting same. In a nutshell, as long as the policeman has
rights as enshrined in the Police Act, those rights are not absolute. Law sets the
principles that individuals enjoy in the society and it also sets its limitations.
Therefore, we can say that law is a necessity – without law, there will be no
peace. A lot of people outside there would want to be law students, even those
in the university may be in love with law, but they cannot join this class because
there is law. It is only when you are allowed and you have followed the set-
down legal procedures by applying, scoring the required point, securing the
admission, and registering as a law student that you would have the right to
come into this class. Our actions, our utterances, our behaviours as individuals
or the society are regulated by law consciously or unconsciously.
Law provides checks and balances. Inasmuch as you have a right as a husband,
your wife also has rights over you. Yes, you are the head of the family, you
provide food, shelter, clothing and other necessities of life, but that does not
give you the guarantee or the power to beat your wife when she misbehaves,
because that may be tortious or even criminal.
Therefore, law is a necessity just like air and water, whether we like it or not we
have laws that regulate and monitor us and we must abide by them. That is
when we will have peace in the society free from chaos and anarchy.
Question One:
a) ―Lawyers are called learned not because they know all the laws but because they
know where to find the laws. Therefore, a Lawyer must be able to display a first-
hand knowledge of the sources of law.‖ In the light of this statement, fully discuss
the sources of Nigerian Law.
b) Explain the sections of a Law library and list the sources of Law that can be found
in each section.
Question Two:
Legal Method deals with the study of the basic principles, nature, sources, role of
law and various methods law can be effectively used to meet the needs of the
society.
From your personal experience and knowledge of Legal Method, freely express
an opinion on the propriety or otherwise of teaching Legal Method in the first
year of LL.B. programme.
Question Three:
Dispute between two or more persons could be either settled or resolved. In the
course of settling disputes, the Courts and the Counsels representing the parties
invoke the technique of legal reasoning. With the aid of relevant examples discuss
the concept of legal reasoning and its ramification.
Question Four:
Question Five:
Your friend from the Faculty of Agriculture begged your pardon and asked
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whether it is true that law can be classified in various ways. Is it true? What are the
major classifications you know? Support your answer with relevant examples.
Question Six:
Question Seven:
Level 100 law students are taught several courses including Political Science,
Sociology, Logic and Philosophy of Thought, Psychology, etc. Using your general
and legal knowledge, synchronise and present an objective analysis on the
connectivity and interrelationship of these branches of the knowledge you offer at
LL.B.1 and their relevance to the study and understanding of law.
Legal Methods is concerned with the techniques of thinking like a lawyer. Analyse
the above statement.
Itemize and discuss the relevance of Legal Methods to the study and practice of the
law.
a. Divine law.
b. Legal Methods.
c. Functions of law.
DEFINITION OF POLITICS.
— Dr Abubakar Salihu.
Politics is a concept that has been viewed and defined by different scholars
over time. However, below are some of the scholars' definitions of politics.
Harold Laswell says politics is the struggle for power. To him, politics is
basically concerned with who gets what, when and how.
According to Allan Bold, politics is any issue in the community that arises as
a result of conflict.
Peter Mark argued that, at its best, politics is a noble quest for a good order
and justice at its worst, a selfish grab for power and aggrandizement (riches).
Mao Tse-tung defines it as war with bloodshed and war without bloodshed.
Hans Mayan Tau defines politics as the struggle to share and distribute
power in the society.
According to Alfred De Gracia, politics are the events that happen in the
decision making centre of the government.
According to Roger Owen, politics is the art and science of decision making.
Discussing further…
In the ideal sense, politics is about social contract between the people and the
leader; it is about political holding; it is about political organization; it is about
resource allocation, law making, provision of security, conflict and conflict
resolution, public administration, exercise of power, science of government,
collective decision, allocation of scarce resource, and many more.
Andrian Leftwich (2004) assumes that politics is the heart of all collective
social activity, formal or informal, public or private in all human group,
institution and societies. In this sense, we can understand that politics takes
place at every level of social interaction; it can be found within families and
among group of friends just as much as amongst nation-state at the global stage.
Harold Lasswell defines politics as who get what, when and how. Here,
Lasswell implies that politics is about value acquisition. Available values may
be classified into income, safety, property, rights, privileges, etc. In a nutshell,
the essential ingredient is the existence of scarcity.
The above view corroborates with Marxist‘s radical perspective which sees
politics in two senses. On one level, Marx referred to politics as apparatus of the
state. Thus, in the communist manifesto, Marx and Angel referred to political
power as organized power of upper-class for oppressing the lower class.
The concept of power derives its origin from the Latin word ‗patere‘, which
According to Gray and Web, power in its broadest sense is the ability to
achieve a desired outcome, sometimes seen as the power to do something. More
narrowly, power may be associated with the ability to punish or reward.
On the other hand, scholars like Nicolo Macabeli and Hans Morganthar have
emphasized the unavoidable necessity of power as a tool to control the
individual. In his book ‗The Prince‘, Macabeli denotes that a leader must use a
mixture of carrot and stick in his exercise of power. In other words, he must be
a fox in order to detect the trap, and a lion in order to frighten up his wolves.
This essentially means that individuals, groups, and even nation-state in the
international system must make use of the combination of carrot and stick in
order to achieve the interest.
Marx Weber defines power as the probability that one actor in a social
relationship will carry out his own will against the resistance of others.
Bram Barry writes that power is the possession of means of compliance by the
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manipulation of reward or punishment.
Types of Power.
Sources of Power.
Military: the military control state atomic weapons, armoured cars, and
conventional weapons. Therefore, whoever has control of these is said to
be powerful.
Wealth: those who have control over means of production and other
material. Wealth can easily be the conforming behaviour of others.
Position or Authority: those who control the state machineries have
power to affect other people‘s life and action.
Inheritance: people get power by virtue of their birth. For example,
monarchical system of governance.
The concept of state is also another essentially contested concept. This is simply
because different people try to conceptualize it from a different angle.
The most simplistic of all is the one which looks at state from the legal point of
view which says that a state is only a state when it is characterized by the
following:
i. Population
ii. Territory
iii. Government
iv. Sovereignty
For example, early philosophers like Plato, Aristotle, Thomas Acquinas, etc.,
see the state as an embodiment of organization and society, community, by way
of sovereignty and government. Plato went on to say ‗all within the state and
non-outside it.‘ This is further juxtaposed in the social contract theory
propounded by Thomas and advocated by John Log and JJ Rosseau.
From the radical perspective, Karl Max sees the state as a creation of the
bourgeoisies and therefore meant to serve the interest of the bourgeoisies.
Characteristics of a State.
Political Science.
Political science is the study of state and government in the past, present, and
future aspect. It is the systematic study and analysis of politics.
Nature/Characteristics of Politics.
It is dynamic.
It is pervasive.
Social sciences study how people interact with and relate to one another.
Political science, with its emphasis on political systems and the distribution of
power, falls into this larger academic category. A multidisciplinary field,
political science draws from some other social sciences, including sociology,
economics, psychology, and anthropology.
Sociology studies social life and human interactions from how groups form to
how large organizations run to how people interact with one another. Political
scientists make use of sociological studies and methods when examining, for
example, how small group dynamics affect the decision-making process, how
people acquire and maintain power, and how political culture shapes our
attitudes.
Economics.
Psychology.
Psychology studies the way the human mind works, helping us to understand
why people behave the way that they do. Political scientists sometimes use the
insights of psychology to analyse a president‘s or voter‘s behaviour or to
explain why some people are more prone to supporting certain governments and
ideologies.
Anthropology.
Anthropology examines cultures within a society and theorizes about how those
cultures affect society. Anthropologists explore how people acquire cultural
values. Because culture often has a strong effect on behaviour, political
scientists rely on anthropological studies and methods.
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NATION AND ITS CONCEPT.
Dr Abubakar Salihu.
Nation has been used interchangeably with some other concepts in political
science, such as state, ethnicity, nation state, etc.
Nation can also be defined as a group of homogenous people (i.e., people that
share same characteristics and are united for a certain goal).
Modern Definition
Nation is the association of men and women who agree to stay together as a
group.
In a particular nation, you can find different ethnic groups. A nation has a
political connotation while ethnicity has a sociological connotation.
Nation State.
Nation state is a nation and a state — the group of people (nation) coming
together to occupy a definite territory. The coming together of ethnicity to form
a nation is a nation state.
Subjectively, nation is the association of people that have feelings, attitude and
Attributes/Elements of a Nation.
Common religion.
Common language.
NATIONALISM.
Nationalism is also about the desire for the advancement of the nation.
There are several factors the led to rise and growth of nationalism in Nigeria. It
should be noted that each of these factors is responsible for the intensification of
1. Internal factors:
a. Economic exploitation
b. Political domination
c. Social discrimination
2. External factors:
a. Pan Africanism
e. Psychological impact
— Dr Abubakar Salihu.
Attributes of Sovereignty.
Types of Sovereignty.
Limitations to Sovereignty.
— Dr Abubakar Salihu.
Power.
Generally, power is the ability to change (or control) the behaviours (or
actions) of others in a way they would not have, otherwise, behaved (acted).
In political science, power has many faces — it is not precise. Power exists in
our daily transactions — in marketing, sport, production, erotic relationship, etc.
Power is relational — it involves two persons (a leader and a follower) — and
bilateral — it goes with two or more countries.
Max Weber defined power as the possibility of imposing your will against
some people.
Abraham Kaplan and Harold Laswell see power from the angle of influence
— decision making. They see power as the ability to give out decisions and to
make people follow the decisions.
Robert defines power as the outcome of the relationship between two parties.
Political power is the ability to impose your policies and programmes to the
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people, whether or not they like it.
He also stated that ―Never build a relationship where you will not have an
instrument/weapon of influencing the other.‖
Remi Anifowase observed that there are three types of power based on the
behaviour of the individual receiving the power. They are;
a) Force — the exercise of power through coercion. The leader under this is
usually an Autocratic leader.
iv. Economic Factor — it denotes the GDP and GNP of a state. If it is high,
the state is, therefore, powerful.
Authority.
Just like every other concept in political science, authority is also relational. It is
relational because it needs someone that will exercise the authority and someone
that will adhere to it.
The concept of authority has been used interchangeably with the concept of
power.
To Thomas Hobbes, authority is the right to carry out any right or any action
– it is the right of doing anything.
Legal Rational Authority: This is the kind of authority through the law
or the constitutional framework of the society. It is the type of authority
where all the do's and don't's are spelt out in the constitution. Max Weber
describes this as the modern system of exercising authority.
Types of Authority.
ii. Political Authority: The type of authority that the exerciser emerges by
winning election.
Legitimacy.
Legitimacy is the total acceptance of the people about a particular act being
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carried out by the government. It can also be defined as the process of
recognition of the leadership of a particular regime by the people.
There are so many factors that determine legitimacy. They are also called
sources of legitimacy:
Power is the ability to do something. If you have a hammer, you have the power
to drive a nail. If you have a gun, you have the power to kill someone. If you
have an army, you have the power to attack another nation.
Authority is a specific kind of social power. Authority means that you are
'authorized' to wield certain kinds of power within the bounds of an organized
group, and, moreover, that you wield power over the collectivism, some or all
members of that group are bound to comply with your use of that power. In the
senses above, a carpenter hired by a contractor is given authority to hammer
wood, but not authority to lay bricks. A police officer has the authority to use
his gun against members of the public, but (except in Florida) standard citizens
do not. A General has the authority to apply the power of an army, and all
soldiers (members of that group) must comply.
Neocolonialism.
The term neocolonialism was originally applied to European policies that were
seen as schemes to maintain control of Africa and other dependencies. The
event that marked the beginning of this usage was the European Summit in Paris
in 1957, where six European heads of government agreed to include their
Citizenship.
A citizen is a legal member of a place who enjoys certain privileges for being a
member.
A citizen of a country is someone on whom all the social and political rights of
the country are conferred upon.
Citizens of Nigeria have the rights to live, work and take part in the civic life.
They also need to pay taxes as citizens of the country.
Those born on Nigeria soil are natural born citizens. Those who are natives of
other countries and who obtain Nigeria citizenship through a process called
naturalization are called naturalized Nigerian citizens. They are the people
who choose to make Nigeria their adoptive homeland.
Both, naturalized citizens and natural born citizens enjoy the same citizenship
rights and protections.
Those born within the country need not file applications or go through special
processes to obtain citizenship. They are citizens of Nigeria by default as the
country is their birth place.
But this is not the case with those who choose to make Nigeria their adoptive
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home. They will have to go through a lengthy process to become citizens of the
country. This includes understanding the country‘s laws and history and
assimilating into the country‘s culture.
Naturalization is a multi-step process that they need to go through, the first step
of which is to become a legal permanent resident of Nigeria.
1. Describe the study of Politics. How scientific is the study of Political Science?
5. What is Nationalism? With illustrations, identify some citizens of your country that
are/were nationalists.
10. Define the concept of sovereignty from the perspectives of different scholars. Explain
the limitations to sovereignty and how it could be sustained.
11. With reference to A. V. Dicey‘s basic tenets of the rule of law, assess the continuing
value of the actual existence of the rule of law today.
Compiled Past Questions and Answers for: GSP 1201/2201 Use of English
a. Syllables
b. Sounds
c. Stress
d. Emphasis.
a. Archaism
b. Slangs
c. Colloquialisms
3. Which section of the outline presents the findings of the essay, or even a
solution, or an approach to the solution of the problem initially stated?
a. Main Body
b. Introduction
c. Conclusion.
d. Opening paragraph
a. Preposition
b. Pronoun
c. Verb
d. Phrase
a. argumentative essay
b. narrative essay
c. descriptive essay
d. expository essay
a. Terms of reference
b. Method of investigation
d. Final submission
a. Pronouns
b. Articles
c. Prepositions
a. Comma
b. Full stop
c. Semi-colon
d. Exclamation mark
a. Computational
b. Denotative
c. Connotative
a. Syllables
b. Idioms
c. Phrasal verbs
d. Synonyms
b. Present perfect
c. Future perfect
Indicate the correct stress pattern in the following words from question 12-14
12. guardroom:
a. GUARDroom
b. guardroom
c. Guardroom
d. GUARDROOM
13. plenty:
a. Plenty
b. PLENty
c. plenty
d. PLENTY
14. madam:
a. Madam
b. madam
c. madam
d. MADAM
15. The main essence of the use of English is not to train students to be specialists in
English but to raise their linguistic and competence.
a. Syntactic
b. communicative
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c. morphological
d. literary
16. As the bricks for language building, words are categorized into _________
17. Read, write, sleep, do, go change in their participle forms because they are
a. transitive verbs
b. finite verbs
c. irregular verbs
d. regular verbs
a. Grammaticality
b. Objectivity
c. Patterns
d. importance
19. The following are the features of adverbial element in sentences or clauses except
___________
a. Optionality
b. Mobility
d. constant nature
a. Paragraph
b. Phrase
c. Sentence
d. word
a. writing
b. reading
c. thinking
d. listening
a. syntactic structure
b. retentive memory
c. spelling
d. stunted
a. presenting viewpoints
b. exemplifying
d. illustrating
a. autobiography
b. novel
c. biography
d. poetry
a. pre-writing
b. linguistic units
c. brainstorming
d. editing
a. skimming
b. speed
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c. intensive reading
d. scanning
28. Pick out a word with silent letter in one of its syllables
a. edition
b. plumber
c. sociology
d. mechanical
a. correlatives
b. coherence
c. coordinatives
d. subordinatives
30. Dictionaries equip readers with obvious knowledge of the following areas except
a. pronunciation
b. inflection
c. discourse
d. meaning
a. Subject
b. Object
d. complement
a. may
b. am
c. have
d. write
a. narratives
b. summaries
c. conclusions
d. body
a. Listening
b. Reading
c. Thinking
d. speaking
a. Spoken text
b. Written text
d. Field of discourse
a. conjunction
b. preposition
c. adverb
a. Separable
b. Transitive
c. Idiomatic
d. Adverbial
38. The following are among the traditional word classes except
a. Interjection
b. Pronoun
c. Article
d. Conjunction
a. Semi-colon
b. Comma
d. Colon
40. Sentences according to function can have the following mood except
a. Declarative
b. Imperative
c. Correlative
d. Interrogative
a. Scanning
b. Extensive reading
c. Skimming
d. Intensive reading
a. Supporting sentences
b. Topic sentence
c. Paragraph
d. Unity
a. Reference
c. Apology
d. Complimentary close
44. Decisions in organizations are made and send down from management to other
staff through the following channels except
a. Memos
b. Circulars
c. Letters
d. Curriculum Vitae
a. Play
b. Prose
c. Poetry
d. Personification
46. The description of consonant sounds observes the following levels except
a. Manner of articulation
b. Articulation of phonemes
d. Place of articulation
47. A phrasal verb whose meaning cannot be derived from the constituent words
is known as phrasal verb.
b. Idiomatic
c. Transitive
d. Intransitive
48. Sit down, stand up, answer back and wait behind are examples of ____ phrasal verb.
a. Literal
b. Idiomatic
c. Transitive
d. Intransitive
a. One
b. Two
c. Three
d. Four
51. While Prepositions are used to relate nouns or pronouns with other words in
sentences, are used to join items of grammatical equivalence.
b. Preposition
c. Demonstratives
d. Conjunctions
a. Phonological elements
b. Word segments
c. Intervening vowels
d. Minimal pairs
53. When I entered the class, the teacher had started the lecture. This is an
example of sentence.
a. Simple
b. Compound
c. Complex
d. Compound-complex
a. Acronymy
b. Blending
c. Compounding
d. Reduplication
a. 7
b. 8
c. 9
d. 10
a. Scanning
b. Lisping
c. Regression
d. Finger pointing
a. Intensive reading
b. Extensive reading
c. Skimming
d. Scanning
58. Which of the following words does not contain a silent letter?
a. Listen
b. Teacher
c. Plumber
d. Subtle
a. is
b. was
c. are
d. were
61. Ask for repetition of what you do not understand politely by saying A:
come again
a. what?
c. I am lost
a. Lisping
c. Sub-vocalisation
d. Regression
b. Exclamatory sentence
c. Imperative sentence
d. Declarative sentence
a. contraction
b. coherence
c. colloquialism
d. clichés
65. Yesterday was a black Friday. The word ―black‖ is used in this sentence with a:
a. connotative meaning
b. denotative meaning
66. Words such as heel and heal; knight and night are called
a. Best friends
b. Worst Friends
c. True Friends
d. False Friends
b. Me
c. Him
d. her
a. Comprehension
b. Topic Sentence
c. Summary
d. Memorandum
69. The police arrested him, and he begged for mercy. This sentence has
a. Two clauses
b. No clause
c. Three clauses
d. One clause
a. Simile
b. Hyperbole
c. Personification
d. Metaphor
b. Spelling
c. a and b above
d. none of above
a. Politics
b. Sports
c. Business
d. Law
73. Inverted commas can be used in all the following ways except
d. to show that some words have been omitted from a direct quotation
a. Address
b. topic sentence
c. term of reference
d. work experience
a. signature
c. skills
d. interest
76. Which of the following vowels are formed through the gliding of the
articulators from one vowel position to another?
a. /ᴂ/
b. /℮i/
c. /ᴈ:/
d. /ð/
a. Vicepresident
b. Earthquake
c. post-office
d. a and c above
a. in the morning
b. of the writing
c. has come
a. helping verbs
b. operators
c. auxiliary verbs
80. The expressive use of language in which words are used not just in their literal
sense in order to suggest a picture, image or some other special effects is called
a. figures of speech
b. parts of speech
c. fundamentals of speech
d. indirect speech
81. ―The Aso Rock has plans for the economy.‖ In this sentence, the underlined phrase
is an example of
a. metaphor
b. apostrophe
c. synecdoche
d. hyperbole
82. A comparison between two distinctly different things indicated by the word ―like‖
or ―as‖ is called
a. Metaphor
b. Personification
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c. Paradox
d. simile
83. The process of writing involves four distinct but related steps which include:
prewriting, , revising and editing.
a. drafting
b. pre-drafting
c. re-revising
d. re-writing
84. Language users sometimes place a strong pressure on a particular sound to give
emphasis to it. That is called:
a. Syllables
b. Sounds
c. Stress
d. Emphasis
a. Summary
b. Comprehension
c. Paraphrase
d. Topic sentence
86. Dictionaries normally show all except one of the following features of a word:
a. Stress pattern
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b. Syllable
c. Meaning
d. Future
87. Which section of the outline presents the findings of the essay, or even a
solution, or an approach to the solution of the problem initially stated?
a. Main Body
b. Introduction
c. Conclusion.
d. Opening paragraph
a. Preposition
b. Pronoun
c. Verb
d. Phrase
a. argumentative essay
b. narrative essay
c. descriptive essay
d. expository essay
90. In learning language speaking skills, one should do the following except
b. overcome inhibition
a. Pre-revising
b. Pre-writing
c. Drafting
d. Editing
92. In learning language speaking skills, one should do the following except
b. overcome inhibition
a. Interrogative sentence
b. Exclamatory sentence
c. Imperative sentence
d. Declarative sentence
b. A paragraph
c. A sentence
d. An abstract
a. Double shot
b. Triple shot
c. Single shot
d. Quadruple shot
96. An outline may be written in sentence form, for the main points to be in
a. Chronological order.
b. Haphazard order
c. Alphabetical order
a. Imperative
b. Superlative
c. Decisive
d. Creative.
a. Spelling
b. Revision
c. Drafting
d. Editing.
99. A form of essay that gives an explanation or information about something is called
a. argumentative essay
b. narrative essay
c. descriptive essay
d. expository essay
a. synonyms
b. acronyms
c. antonyms
d. abbreviation
a. Contraction
b. Slang
c. punctuation
d. abbreviation
a. ambiguity
b. misunderstanding
c. vagueness
a. regression
b. finger-pointing
c. re-reading
d. sub-vocalization
a. subject
b. object
c. topic sentence
d. subject sentence
a. extensive
b. intensive
c. skimming
d. scanning
a. Rough
b. Beef
c. Sip
d. Cough
a. Subject
b. Object
c. topic sentence
d. subject sentence
a. argumentative essay
b. narrative essay
c. descriptive essay
d. expository essay
a. Extensive
b. Intensive
c. Skimming
d. Scanning
a. Daily
b. Weekly
c. Fortnightly
d. Forth-rightly
116. The type of sentence that contains two simple sentences joined together by
coordinating conjunction is known as:
a. Simple sentence
b. Complex sentence
c. Compound sentence
d. Compound-complex sentence
a. Noun
b. Preposition
c. Verb
a. Particles
b. Phrases
c. Phrasal verbs
d. Verbs
120. All but one of the following form part of the functional classification of a
sentence:
a. Interrogative
b. Declarative
c. Generative
d. Imperative
121. are group of words whose meaning is different from the meaning
of the individual words.
a. Idioms
b. Dictionary
d. Phrases
122. The process through which two or more words are joined together to
create a new word is called ____
a. Prefix
b. Derivation
c. Inflection
d. Compounding
a. Writing
b. Reading
c. Listening
d. Speaking
a. Comma
b. Hyphen
c. Full stop
d. Semi-colon
a. /i/
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b. /e/
c. /p/
d. /o/
a. Regular
b. Auxiliary
c. Transitive
d. Event
a. End
b. Middle
c. Beginning
d. Bracket
128. Which of the following grammarians recognise nine (9) parts of speech?
129. The parts of speech are broadly divided in to two groups as follows:
a. Subject
b. Complement
c. Phrase
d. Verb
a. Essay
b. Passage
c. Letter
d. Report
a. Sentences
b. Clauses
c. Phrases
d. Words
a. a sentence
b. a phrase
c. a topic sentence
d. a topic phrase
a. Narrative essay
b. Descriptive essay
c. Expository essay
d. Argumentative essay
a. Narrative
b. Descriptive
c. Expository
a. Terms of reference
b. Method of investigation
d. Recommendation
a. Formal letter
b. Informal letter
c. Semi-formal letter
d. Semi-informal letter
a. Formal letter
b. Informal letter
c. Semi-formal letter
d. Semi-informal letter
a. One
b. Two
d. Four
a. Substitution
b. Subscription
c. Substantiation
d. Subsection
142. All but one of the following should be avoided when writing a formal
letter.
a. Slangs
b. Clichés
c. Clauses
d. Archaism
143. All but one of the following punctuation marks indicate pause in
speech.
b. The colon
c. The apostrophe
d. The comma
a. Direct statements
c. Polite request
d. Interrogative sentences
a. Acronyms
b. Homonyms
c. Antonyms
d. Abbreviations
b. The colon
c. The semi-colon
d. The ellipsis
a. Defective sentence
b. Declarative sentence
c. Imperative sentence
d. Exclamatory sentence
148. Which of the following punctuation marks is used to separate items in a list?
d. The apostrophe
a. Reading/Writing
b. Speaking/Writing
c. Reading/Listening
d. Listening/Speaking
a. Noun
b. Preposition
c. Conjunction
d. Interjection
Never has there been a greater need to make sure to jot down most part of the
lecturers‘ lectures while the lectures are ongoing in the class. Jotting of lectures in the class
has, to a great extent, been neglected in recent years.
This, chiefly, is not as a result of the unserious nature of the students (even if some
actually fall in the category), perhaps, as some students term it, it‘s as a result of the
inaudibility of some lecturers, and, of course, the twinkle- like method of dictation some
lecturers adopt (factors which are always NOT TRUE). However, students still tend not to
jot in the lectures of some lecturers they see to be audible enough and, as well, dictate
slowly, mainly because, not all students actually fancy jotting in the class, and, of course,
some students miss lectures, intentionally or unintentionally.
But, how do we get these notes we can‘t get from the lecturers due to the above
factors? Does the thought of getting the notes and reading them to pass your examination
fill you with despair?
―Onimisi’s Care‖, A.K.A., ―I’ll Strive…‖ is to help you get all the notes which
you have missed in the class in the most comprehensive and suitable way in preparation for
the examination. In an accessible and friendly way, we will lead you through the
framework of all the lectures.
Meanwhile, I am Onimisi. So, if you‘re too tired to speak, sit next to me for I, too,
am fluent in silence (smiles).
Special thanks to Adaira Muhammed Jamiu for his contributory efforts towards the success
of this update.