Sources Of Law (Pols107)

Introduction

Law is a system of rules and principles established to regulate human conduct within a society. It prescribes what individuals, institutions, and governments may or may not do. To better understand its scope and operation, law is classified into various branches based on function, source, and area of operation. The Sources of Law which determine where laws derive their authority and how they are applied.

SOURCES OF LAW

The sources of law are the origins from which laws derive their validity and authority. They include the following:

(1) Statutes

A statute is a law enacted by a legislative body such as a parliament or council and formally written down.

Statutory law

Types of Statutes:

• Constitution – The supreme law of the land.
• Acts/Decrees – Federal legislative or military enactments.
• Laws/Edicts – State legislative or military enactments.
• Subsidiary Legislation – Laws made by delegated authorities (e.g. INEC regulations, ministerial orders, etc.).

• Acts are made by the Federal Legislature.
• Decrees are laws made by the Federal Military Government.
• Laws are enacted by State Legislatures.
• Edicts are military laws at the state level.
• Subsidiary legislation is made under powers delegated by a principal law.

(2) Case Law (Judicial Precedent)

Where statutes are silent or ambiguous, judges rely on previous judicial decisions.

This practice is known as Judicial Precedent, and the principle guiding it is ratio decidendi —the reason or rationale for a decision.

A judge

Judicial precedents ensure consistency, predictability, and fairness in the law.

The hierarchy of courts supports this system, allowing higher courts’ decisions to bind lower ones (binding precedents), while persuasive precedents may influence but not compel decisions.

(3) Received English Law

Due to Nigeria’s colonial history, several English laws were received and adopted. These include:

• Common Law,
• Doctrines of Equity, and
• Statutes of General Application (in force in England before January 1, 1900).

For such laws to apply in Nigeria:

1. They must be suitable to local circumstances, and

2. Judges may adapt them to fit Nigerian realities.

Many commercial, contractual, and banking laws in Nigeria trace their roots to English Common Law.

(4) Customary Law

Customary Law refers to indigenous laws and norms accepted by native communities, including Islamic Law (Sharia) in applicable regions.

Sharia court of Appeal, Kwara state 

Characteristics of Customary Law:

1. Unwritten – Passed down orally through generations.

2. Dynamic – Changes and adapts with society.

3. Non-uniform – Varies between communities.

Before application, customary law must be proved to the satisfaction of the court, as it is treated as a question of fact.

Validity Test of Customary Law:

A customary law rule is valid only if it:

• Is not repugnant to natural justice, equity, and good conscience;
•  Is not inconsistent with any existing law; and
• Is not contrary to public policy.

Conclusion 

Law, in all its classifications and sources, provides the framework that guides the behavior of individuals and the operations of states. Sources of Law, from statutes to customary rules, illustrate the diverse origins through which legal authority evolves. Together, these components uphold justice, order, and fairness within society.

References 

Nigerian Legal System Note Compiled by Muhammad Musa

Wikipedia contributors