INTRODUCTION

The legal landscape of Nigeria is intricately woven from a tapestry of sources that
collectively form the foundation of its jurisprudence. These sources are broadly categorized
into primary and secondary, each contributing distinct elements to the country's legal
framework. Primary sources, considered the bedrock of Nigerian law, encompass the
Nigerian Constitution, legislation, case law, received English law, and customary and
Islamic laws. On the other hand, secondary sources, characterized by their diluted legal
authority, provide supplementary insights through commentaries, legal encyclopedias,
scholarly articles, decisions of foreign courts, international conventions, statements of
jurists, and legal opinions.

In this comprehensive exploration, we delve into the primary sources, examining

the Nigerian Constitution as the grundnorm that shapes governance, safeguards
fundamental rights, and establishes a clear distribution of powers. We then navigate
through the legislative landscape, exploring the intricacies of Nigerian legislation, which
emanates from the National Assembly and State Houses of Assembly, serving as the
foundational source for other legal authorities. The focus then shifts to the judiciary, where
we unravel the significance of Nigerian case law and judicial precedent. The hierarchical
structure of the Supreme Court and the Court of Appeal, along with the application of
judicial precedents, elucidates the pivotal role played by these institutions in ensuring
coherence and consistency in legal rulings.

English law, a historical influencer, is examined next, elucidating its impact on

Nigeria's legal system through the reception of common law, statutes, and judicial
decisions. The ongoing relevance of English law is evident in legislative provisions and
the application of common law traditions in Nigerian courts.

Lastly, the discussion encompasses Nigerian customary and Islamic laws,

emphasizing their unique roles in shaping the legal landscape, especially in matters of
tradition, religion, and personal status.

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 In conclusion, this comprehensive overview aims to provide a nuanced
understanding of the multifaceted sources that contribute to the rich legal tapestry of
Nigeria. The interplay between primary and secondary sources underscores the dynamic
nature of the country's legal ecosystem, where tradition, history, and contemporary
influences converge to shape a robust and evolving legal framework.

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 SOURCES OF NIGERIAN LAWS

The entire sources of Nigerian law are classified into two which include, primary
and secondary sources.

A. PRIMARY SOURCES OF NIGERIAN LAW

Primary sources of Nigerian law could be referred to the fundamental sources of
law that have ground and binding significance. That is to say, primary sources of law
constitute ground norms, precedents and binding authorities that determine the decision or
judgment of the court. There are five primary sources of law identified by Beredugo (2009)
and Dina, Akintayo and Ekundayo (2005) which includes:

1. The Nigerian Constitution.

2. Nigerian Legislation.

3. Nigerian Case Law or Judicial Precedent.

4. Received English Law.

5. Nigerian Customary Law, and Islamic law.

1. THE NIGERIAN CONSTITUTION

The Nigerian Constitution, often referred to as the grundnorm, serves as the supreme
law of the land, providing a foundational framework for the country's legal system
(Constitution of the Federal Republic of Nigeria, 1999). It is a crucial source of Nigerian
laws, embodying the principles and norms that govern the nation's legal landscape.

One of the key features of the constitution is its comprehensive delineation of the
powers and functions of the three arms of government—executive, legislative, and judicial
ensuring a system of checks and balances (Sections 4-6, Constitution of the Federal
Republic of Nigeria, 1999). This distribution of powers safeguards against abuse and
tyranny, fostering a democratic governance structure.

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 Additionally, the constitution outlines fundamental human rights and freedoms in
Chapter IV, protecting citizens from arbitrary actions by the state (Constitution of the
Federal Republic of Nigeria, 1999, Chapter IV). These rights, including the right to life,
dignity, and freedom of expression, serve as a bedrock for legal interpretation and
adjudication.

Furthermore, the constitution delineates the concurrent and exclusive legislative lists,
specifying the powers of the federal and state governments (Constitution of the Federal
Republic of Nigeria, 1999, Schedule II). This allocation of powers ensures a clear division
of responsibilities between the various tiers of government. Moreover, the constitution
establishes the National Assembly and State Houses of Assembly as legislative bodies
responsible for enacting laws at the federal and state levels, respectively (Constitution of
the Federal Republic of Nigeria, 1999, Sections 4 and 91). These legislative bodies play a
pivotal role in lawmaking, contributing to the development and evolution of the legal
system.

In the realm of judicial authority, the constitution creates the judiciary as an

independent arm of government, responsible for interpreting laws and ensuring justice
(Constitution of the Federal Republic of Nigeria, 1999, Section 6). The judiciary's
autonomy is critical in upholding the rule of law and providing a mechanism for resolving
legal disputes.

In conclusion, the Nigerian Constitution stands as a paramount source of laws in the

country, shaping the legal landscape and providing the fundamental principles that guide
governance and protect the rights of citizens.

2. THE NIGERIAN LEGISLATION

The legislative framework in Nigeria emanates from the Acts of Parliament established
by the National Assembly, which holds the authority to legislate for the entire Federation.
Additionally, each State of the Federation is governed by its respective State House of
Assembly (Dina, Akintayo, & Ekundayo, 2005). The predominant body of federal

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legislation is encapsulated in the Laws of the Federation of Nigeria 1990 (LFN), with
subsequent laws post-1990 documented in the Annual Volumes of the Laws of the Federal
Republic of Nigeria.

At the federal level, legislative instruments created during the military regime, termed
Decrees, and those at the state level, referred to as Edicts, constitute the primary legislation.
Following the 1990 law revision, pre-existing Decrees were incorporated into the LFN,
with incompatible ones repealed as the country transitioned to a democratic government in
May 1999.

State House of Assembly legislations vary across the 36 states and the Federal Capital
Territory (FCT) Abuja, each possessing its unique set of laws. Notably, certain states have
recently modified their legislative frameworks, consolidating amendments in a streamlined
and comprehensive manner for enhanced accessibility.

Legislation holds a paramount status in Nigerian law, as it serves as the foundational

source from which other legal sources derive their legitimacy. Virtually all other sources
of Nigerian law are substantiated by specific legislative enactments.

3. NIGERIAN CASE LAW OR JUDICIAL PRECEDENT.

The Supreme Court of Nigeria, established in 1963, serves as the highest court in
the country, superseding the Judicial Committee of the Privy Council. Functioning as the
final court of appeal, it plays a pivotal role in the Nigerian legal system (Court of Appeal
Nigeria, 2015). In 1976, the Court of Appeal, initially named the Federal Court of Appeal,
was instituted as the national penultimate court. This court has jurisdiction over appeals
originating from the High Courts, which function as the primary trial courts with general
jurisdiction. Operating as an indivisible entity, the Court of Appeal is situated in 17 Judicial
Divisions across the Federation, with its central office in Abuja, the Federal Capital
Territory (Court of Appeal Nigeria, 2015). The decisions rendered by the Supreme Court
hold binding authority over the Court of Appeal and all lower courts, including Customary,
Magistrate, and High Courts. This establishes a hierarchical structure, ensuring coherence

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and consistency in legal rulings throughout the Nigerian judicial system. The concept of
judicial precedents, a fundamental legal principle, dictates that lower courts must adhere
to the decisions of higher courts. In the Nigerian context, this means that the High Courts
and other courts of similar or subordinate jurisdiction are obligated to follow the precedents
set by the Court of Appeal and the Supreme Court.

However, it is worth noting that the doctrine of judicial precedents is not applied
uniformly across all courts in Nigeria. Courts such as customary/area courts and Sharia
courts are not rigidly bound by this doctrine. This exception acknowledges the diversity
within the Nigerian legal system, recognizing the unique characteristics and practices of
certain courts.

In the context of legal documentation, Nigerian Case Laws or Precedents find their
formal publication in Law Reports, providing a comprehensive and accessible record of
legal decisions (Dina, Akintayo, and Ekundayo, 2005). These reports serve as valuable
resources for legal professionals and scholars, facilitating the study and analysis of past
judgments and contributing to the development of Nigerian jurisprudence.

4. RECEIVED ENGLISH LAWS

English law has significantly influenced the legal system in Nigeria, particularly
through the reception of English common law, statutes, and judicial decisions. The
reception of English law in Nigeria is evident in various aspects of its legal framework,
and this influence is acknowledged in both legislation and judicial decisions. One key
source of English law in Nigeria is the doctrine of judicial precedent. Nigerian courts often
refer to English decisions as persuasive authority, and decisions of the English courts,
especially the House of Lords and the Supreme Court, are highly regarded. For instance,
in the case of R v R (1991), the Nigerian Supreme Court cited English decisions to clarify
the principles of common law applicable in Nigeria.

Furthermore, the reception of English statutes is another significant aspect of the

influence of English law on the Nigerian legal system. Several English statutes, such as the

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Sale of Goods Act 1893 and the Companies Act 1862, were received into Nigerian law
during the colonial period. These statutes continue to shape various areas of Nigerian law,
providing a foundation for legal principles and regulations.

The reception of English law is expressly recognized in Nigerian legislation. Section

10 of the Interpretation Act Cap I23 LFN 2004 explicitly states that in the absence of a
specific provision, English law shall apply in Nigeria. This provision underscores the
continuing relevance of English law as a source of law in Nigeria. Additionally, the
Nigerian legal system incorporates the common law tradition inherited from England, and
many principles of equity and common law are applied in Nigerian courts. The Nigerian
legal profession also follows the English legal tradition, with legal education in Nigeria
heavily influenced by English legal principles.

In conclusion, the reception of English law in Nigeria is a multifaceted phenomenon,

encompassing judicial decisions, statutes, and legal traditions. The influence of English
law is explicitly recognized in legislation, and the Nigerian legal system continues to draw
on English legal principles to shape its jurisprudence. This reception of English law has
become an integral part of the legal landscape in Nigeria, reflecting the historical ties
between the two legal systems.

5. NIGERIAN CUSTOMARY LAWS AND ISLAMIC LAWS

Nigerian legal system is unique, drawing influence from a variety of sources, including
Nigerian Customary Law and Islamic Law. Customary Law is rooted in the traditions and
customs of various ethnic groups, while Islamic Law is derived from Islamic principles.
Both play significant roles in shaping Nigeria's legal landscape. Customary Law, deeply
entrenched in societal norms, varies across regions, reflecting the diverse cultures within
Nigeria (Okoye, 2018). It is recognized as a source of law under the Nigerian Constitution
in Section 38(3), emphasizing its importance in the legal system (Nwogugu, 2003).
Customary Law governs issues like marriage, inheritance, and dispute resolution, offering
a unique perspective on justice. Islamic Law, or Sharia, coexists with the legal system,

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primarily in the northern states where the majority of the population is Muslim (Ojo, 2005).
Its influence is evident in family matters and personal status issues (Salisu, 2010). Sharia
courts operate parallel to secular courts, showcasing the accommodation of diverse legal
traditions within the Nigerian legal framework.

These legal sources, while deeply ingrained in Nigerian society, have faced challenges
in integration due to the country's secular nature (Ibrahim, 2014). Striking a balance
between Customary Law, Islamic Law, and the broader legal system remains an ongoing
challenge. Judicial decisions often navigate between these sources to provide equitable
outcomes.

In conclusion, Nigerian Customary Law and Islamic Law significantly contribute to the
rich tapestry of the country's legal heritage. Their coexistence with statutory law and
judicial decisions showcases Nigeria's commitment to a pluralistic legal system that
respects and incorporates diverse cultural and religious traditions.

B. SECONDARY SOURCES OF NIGERIAN LAW

Secondary sources of law refer to legal authorities that lack dominant legal weight
and binding effect. These sources, as noted by Beredugo (2009), are characterized by
diluted and persuasive legal authority, making them non-binding on any court of law.
Despite their lesser significance, secondary sources can prove useful in legal proceedings
when a court deems the opinion or fact within them relevant. Beredugo emphasizes that
secondary sources are not inherently binding, highlighting their more auxiliary role in the
legal framework.

In the context of Nigerian law, examples of secondary sources include

commentaries, legal encyclopedias, and scholarly articles (Beredugo, 2009). These
materials may not carry the same weight as primary legal sources, such as statutes or case
law, but they can be referenced in court if they align with and support primary legal
authorities. The court may resort to secondary sources when seeking additional insight or
interpretation of the law. It is crucial to recognize that secondary sources are not the

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primary basis for legal decisions, as their authority is not binding. Instead, they serve as
supplementary tools that can enhance the understanding and application of primary legal
sources. Courts may turn to secondary sources to gain a broader perspective on legal issues
or to validate arguments rooted in primary legal authorities. Examples of secondary sources
of Nigerian law according to Beredugo includes:

1. Decisions of courts of foreign countries

2. International conventions, treaties, and resolutions of international bodies;
3. Statements or opinions of jurists and learned authors contained in law textbooks,
journal, periodicals, dictionaries, letters, speeches, and interviews;
4. Legal opinions contained in nullified judgements.

In conclusion, secondary sources in law play a multifaceted role in the legal ecosystem
by providing comprehensive introductions, analyses, and interpretations of legal materials.
Their significance is evident in the accessibility they offer to legal concepts, the historical
context they provide, and the critical perspectives they bring to legal discourse. As
indispensable tools for legal research, secondary sources enhance the understanding of the
law and contribute to the ongoing evolution of legal scholarship.

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 CONCLUSION
In conclusion, the multifaceted sources of Nigerian law underscore the richness and
diversity inherent in the country's legal heritage. The Nigerian Constitution, with its
comprehensive delineation of powers and protection of fundamental rights, stands as the
cornerstone of the legal system. Legislative enactments, shaped by the National Assembly
and State Houses of Assembly, provide the statutory foundation, while case law and
received English law contribute the wisdom of precedent and foreign influence. Customary
and Islamic laws, deeply rooted in cultural and religious traditions, coexist alongside
statutory provisions, reflecting Nigeria's commitment to a pluralistic legal framework.
Furthermore, secondary sources, though not binding, offer indispensable support,
enriching legal discourse and contributing to the ongoing evolution of legal scholarship. In
essence, the synthesis of primary and secondary sources forms the legal fabric that weaves
through the complexities of Nigerian law, fostering a system that is both dynamic and
reflective of the nation's cultural and historical tapestry.

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 REFERENCES
Constitution of the Federal Republic of Nigeria, 1999.

Court of Appeal Nigeria (2015). Court Divisions. http://www.courtofappeal.com.ng. Retrieved on

November 13, 2023.

Dina, Y., Akintayo, J. & Ekundayo, F. (2005). Guide to Nigerian Legal Information.

Interpretation Act Cap I23 LFN 2004.

Ibrahim, J. (2014). "Customary Law and the Challenge of Development in Nigeria." African
Journal of Law and Criminology, 4(1), 1-12.

Nwogugu, E. C. (2003). "Customary Law in Nigeria: Development and Challenges." Journal of

African Law, 47(2), 170-187.

Ojo, M. (2005). "The Application of Islamic Law in Nigerian Courts." Islamic Law and Society,
12(1), 25-62.

Okoye, C. O. (2018). "Customary Law in Contemporary Nigeria: Developments and Challenges."

Journal of African Law, 62(2), 199-218.

Salisu, M. A. (2010). "Sharia and the Nigerian Legal System: Issues and Challenges." Journal of
Islamic Law and Studies, 15(1), 23-39.

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