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TYPES OF LAW IN NIGERIA AND

THEIR PURPOSE - NaijaQuest.Com
Sherif
10-13 minutes

This article is about a system of rules referred to as law and

the types of law in Nigeria with their purposes.

Simply put law is a system of rules that are created and

enforced by man through environmental or social
governmental institutions to regulate the behavior of
individuals in the society.  Laws are made by persons who are
given the authority to do so either directly or indirectly by the
society. It is a system that regulates and ensures member or a
whole community abide by the law of the state. We have
different types of law in Nigeria

State-enforced laws can be made by a single legislator or by a

collective legislature, which results in initiating an act or bill,
especially by the executive through decrees and Regulations,
or the law is established by judges through precedent,
normally in common law jurisdictions.  Contracts that bind
legally, which includes arbitration agreements that may elect to
accept alternative arbitration to the normal court process can

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be created by Private individuals. The creation of laws

themselves may be influenced by a constitution, written or
tacit, and the rights encoded therein. The law regulates and
guides history, economics, and politics of the society in various
ways and serves as a mediator of relations between people.

TYPES OF LAW IN NIGERIA

Below are the various types/classification of laws in Nigeria.

1. Public and Private Law

2. Civil Law and Criminal Law

3. Substantive and Procedural Law

4. Municipal and International Law

5. Written and Unwritten Law

6. Common Law and Equity

TYPES / CLASSIFICATION OF LAW IN NIGERIA AND

THEIR PURPOSES

1. PUBLIC AND PRIVATE LAW

The 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.
Constitutional Law, Administrative Law, Criminal Law,

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International Law are some examples of public law.

Private law, on the other hand, is that category of the law that
concerns itself with the relationship amongst private citizens
i.e. the Law of Torts, the Law of Contract, the Law of Trust and
so on.

2. CIVIL LAW AND CRIMINAL LAW

The civil law refers to the relationship between citizens and

provides means for a solution if the right of a citizen is
breached or abused. Examples of civil law include the Law of
Contract, the Law of Torts, Family Law etc.

While Criminal Law is referred to as the branch of Law that

regulates crime in the society. The is used to punish actions
considered harmful to the society at large. Criminal Code Act
which is applicable in the Southern part of Nigeria is an
example of criminal law.

The standard of proof to be used is proof beyond reasonable

doubt When dealing with a criminal case; as provided in S.135
Evidence Act 2011. Also, the burden of proof does not shift
from the prosecution. This implies that before a conviction can
be gotten or conclusion arrived at, the state has to prove the
commission of the crime to be beyond reasonable doubt.

While in civil cases, the standard of proof is on the balance of

probabilities; as provided in S.134 Evidence Act 2011. Also,
unlike the criminal law the burden of proof shifts between both

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parties when they need to establish their case. Judgment is

made in favor of the particular party that has been able to
prove its case more successfully (better put was able to
convince the court).

Types Of Law In Nigeria And Their Purpose

3. SUBSTANTIVE AND PROCEDURAL LAW

Substantive Law referred to the main body of the law dealing

with a particular area of law i.e. the substantive law relating to
Criminal Law includes the Criminal Code Act and the Penal
Code Act.

While the Procedural law is the law that deals with the process
which the courts must follow so as to enforce the substantive
law. For example, the Procedural law includes 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.

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4. MUNICIPAL/DOMESTIC AND INTERNATIONAL LAW

The municipal/Domestic law refers to the branch of law which

evolves from and has an effect on members of a specific
state.  The Constitution of the Federal Republic of Nigeria
1999 (as amended) is an example of a municipal Nigerian law
and it applies in Nigeria only.

Nigeria is a member of the United Nations, the

Commonwealth of Nations, African Union etc. and as such are
bound by international law. International law refers to the law
between countries. The international law regulates the
relationship existing between different independent countries
and is usually in the form of international customs, treaties,
etc. Examples of International law include the African Charter
on Human and People’s Rights. Universal Declaration of
Human Rights.

It is important to note that according to S.12 of the 1999

Constitution (as amended), although Nigeria is a signatory to
various International treaties, it cannot be enforced as a law in
Nigeria except they are enacted by the Nigerian National
Assembly.

5. WRITTEN AND UNWRITTEN LAW:

A law is not regarded as a written law just because it is written

down in a document. Rather Written laws refer to those laws
that have been validly enacted by the legislature of a country.

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On the other hand, unlike the Written laws, Unwritten laws are
those laws that are not enacted by the legislature. This law
includes both customary and case law. Customary Law as part
of its basic characteristic generally is unwritten. This originated
from the tradition, practices, and lifestyle of the people. The
following categories are the traditional classification of
customary law is into the:

Ethnic/ Non – Muslim: Is the indigenous law enacted and

that applies to the members of the different ethnic groups.
There are various ethnic groups each with its own variety and
specific customary law in the country. The ethnic Customary
law is uncertain, unwritten, and difficult to ascertain. The
ethnic Customary law is implemented in customary courts.
These courts are at the lowest level of the hierarchy of courts
and in several cases, non-legally trained personnel preside
over the court.

Muslim Law / Sharia: Since 1959, Islamic law has been in

use in the Northern part of Nigeria. Islamic/Sharia/Muslim Law
is a clearly written, defined and articulated principles. It is
written base on the Islamic religion and was introduced in
Nigeria as a consequence of a successful process of
Islamization. It is based on the Holy Koran and the teachings
of the Prophet Mohammad. The origin of the Sharia which is
the Muslim laws can be traced in the Holy Koran and the
Hadith (teachings of the Prophet Mohammad).

Case law, on the other hand, though written down in a

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documentary format is regarded as unwritten law because it is

not enacted by the legislature.

6. COMMON LAW AND EQUITY:

In the legal term, the common law means the law created by
the old common law courts of the King’s Bench, the Courts of
Common Pleas and the Courts of Exchequer.

The example of such law is English common law because it is

law common to all parts of England. The customs, practices,
and way of life of the people cause the law to grow over time
and it is largely unwritten. The King was the first judge of the
common law. The King settle people who had disputes usually
brought to him.

However, the king didn’t have time to settle all cases due to
matters of state. As a result of the state matter, the king
appointed members of his court to settle disputes in his stead.

Still on the classification and types of law in Nigeria

THE NIGERIAN LEGAL SYSTEM

The Federal Republic of Nigeria is the Constitutional Republic.

At independence, Nigeria has three regions, which are, the
Northern Region, the Eastern Region, and the Western
Region. Nigeria comprises of 36 states and Abuja is the
federal capital territory. These states are grouped into 6
geopolitical zones which are North East, North West, North

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Central, South East, South West, and South-South. This

grouping, however, has no constitutional recognition. Nigeria
has close to 400 linguistic groups, but the 3 major languages
are Yoruba, Igbo, and Hausa, while the official language is
English.

The Nigerian Legal System is based on the English Common

Law and legal tradition because of colonization and the
attendant incidence of reception of English law through the
process of legal transplant. The English law plays an
important role on the Nigerian legal system, and it forms a
formidable part of Nigerian law. The English Common Law is
provided for in Section 45 (1) of the Interpretation Act that, the
common law of England and the doctrines of equity and the
statutes applied generally which were in force in England on
1st January 1900 are applicable in Nigeria, only in so far as
local jurisdiction and circumstances shall permit.

Related:

TYPES OF COURTS IN NIGERIA AND THEIR FUNCTIONS

LIST OF PASTORS WITH PRIVATE JETS IN NIGERIA

What Is Nigeria Known For, Top 10 Facts About Nigeria

Country

10 MAJOR CAUSES OF UNEMPLOYMENT IN NIGERIA

AND SOLUTIONS

VIOLENCE IN NIGERIA: TOP TEN CAUSES AND

SOLUTIONS

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CONCLUSION ON THE TYPES OF LAW IN NIGERIA

There you have it. The types of law in Nigeria and their
functions. It’s key to note and know all these laws so as to
wipe clean ignorance of the law. The several types of laws
have different functions and for different purposes.

Tags: Types Of Law In Nigeria, Classification Of Nigerian

Law

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