Nigeria has a mixed legal system comprising English common law, Sharia, and customary law. The 1999 Constitution is the supreme law of Nigeria, prevailing over all other sources; laws that are inconsistent with the Constitution are void as to the extent of the inconsistency.
The tremendous influence of English law characterizes the Nigerian legal system. Centuries of English presence left an indelible mark upon the system, but local customs and Moslem rules influenced the development of modern Nigerian law. English law remains the source for much of Nigerian law, except where the Federal Military Government has altered or revoked prior statutes by decree.
Nigeria is a signatory of a number of international treaties. Nigeria's population is highly diverse, comprising hundreds of ethnic and linguistic groups.
With Africa's largest economy, extensive oil and gas reserves, and a population on pace to exceed 375 million by mid-century, Nigeria's economic and demographic heft position it to play a major role on the global stage.
Sources of Law
There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law.
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- Legislation: Legislation is widely seen as being the secondary source of Nigerian Law, primarily at the federal level through the National Assembly, but also through state legislation. The current legislation in force at the federal level is largely contained in the sixteen-volume Laws of the Federation of Nigeria 2004 (LFN).
- Judicial Precedents: Alongside English common law, judicial precedents, predominantly from the Supreme Court, also form a key part of the legal system.
- Customary Law: Customary law is often applied for members of ethnic groups particularly concerning personal and family matters. Customary law is derived from indigenous traditional norms and cultural practices. The ethnic customary law is the indigenous law that applies to the members of the different ethnic groups. Nigeria is made up of several ethnic groups, each with its own variety of customary law. Customary law is a system of law that reflects the culture, customs, values, and habits of the people whose activities it regulates.
- Sharia Law: Twelve northern states have introduced a Sharia legal system. Sharia law (also known as Islamic law) is law that is used only in the predominantly Muslim northern states of the country. Sharia, meaning "way" or "path" in religious law of Islam, has been in Nigeria for a long time. The principal feature of this is the introduction of religious based criminal offences as well as punishments sanctioned by the Qur’an; the Supreme Court has yet to rule upon the constitutionality of these punishments.
The Court System
The Nigerian court system consists of the Supreme Court, Court of Appeal, High Courts and Customary-Sharia courts of appeal and district courts, both state and customary.
The Nigerian constitution recognizes courts as either Federal or State courts. A primary difference between both is that the President appoints justices/judges to federal courts, while State Governors appoint judges to state courts.
Federal Courts
- Supreme Court of Nigeria: The Supreme Court of Nigeria is the highest court in Nigeria. It is based in the capital, Abuja. The Supreme Court is mainly a court of appellate jurisdiction and is the final appeal court in the country. It also has original jurisdiction in State vs. State and State vs. Federal Government cases. The Supreme Court is headed by a Chief Justice who is assisted by other Justices.
- Court of Appeal: The next highest court is the Court of Appeal, in Abuja. However, to bring the administration of justice closer to the people, the Court of Appeal has multiple divisions (currently twenty) in various parts of the country. The head of the Court of Appeal has the title President of the Appeal Court. The President is assisted by Justices. The Court of Appeal is mainly a court of appellate jurisdiction; however, it has original jurisdiction for presidential and vice-presidential election petitions. The Federal Court of Appeal is where the multiple legal systems (English, Customary and Sharia) of Nigeria converge.
- Federal High Court: The Federal High Court is based in Abuja. In order to bring the administration of justice closer to the people it has a division in each of the thirty-six states of the country. The Federal High Court is generally a court of original jurisdiction.
State Courts
- High Court of a State/FCT: The High Court of a state/FCT is the highest English law court in a state or the FCT. The High Court of a state/FCT and the Federal High Court have similar powers.
- Customary Court of Appeal of a State/FCT: The Customary Court of Appeal of a state/FCT is the highest Customary law court in a state/FCT.
- Sharia Court of Appeal of a State/FCT: The Sharia Court of Appeal of a state/FCT is the highest Sharia law court in a state/FCT.
Other Courts and Tribunals
- National Assembly Election Tribunals: deal with petitions from the Senate and House of Representatives elections.
- Governorship and Legislative Election Tribunals: deal with petitions from the Gubernatorial and State House of Assembly elections.
- Code of Conduct Tribunal (CCT): The Code of Conduct Tribunal (CCT) shall consist of a chairman and two other members, whose chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law.
Appointments to the highest courts must be confirmed by the National Assembly.
Key Legislation
There are a number of major acts in Nigeria which relate to commercial life. Central is the Companies and Allied Matters Act 2020 which regulates the creation of companies and the Nigerian Investment Promotion Commission Act 2004 which permits foreign ownership in all industries except for a few particular sectors, such as oil, gas and private security.
A number of labour laws also exist, such as the Labour Act 2004, some of which apply to both foreign and Nigerian employees, whilst the Foreign Judgements Act makes conditional-based provisions for enforcing judgements in Nigeria which were given abroad.
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The Criminal Code 1990 and the Corrupt Practices and other Related Offences Act 2000 both provide a strong legal framework against corruption, but as previously mentioned anti-corruption measures are weakly enforced.
Nigeria’s Criminal Code criminalizes a wide range of corruption offences, but it is loosely enforced whilst the Independent Corrupt Practices Commission has been ineffective and has a severe lack of political support.
Challenges and Issues
Nevertheless, branches of the government frequently interfere with the judiciary and the system is widely perceived to be understaffed, underfunded and inefficient.
Judges have also appeared to be highly susceptible to bribery. However, few companies see Nigerian courts as a constraint to business and Nigeria is a member of the International Centre for Settlement of Investment Disputes, as well as a signatory of the 1958 New York Convention.
Religious discrimination also has been an enduring problem at the state level, amid accusations that the federal government has taken limited action to address religious freedom concerns.
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Human rights groups have repeatedly accused security forces of using excessive force to disperse IMN gatherings.
Table of Key Aspects of the Nigerian Legal System
| Aspect | Description |
|---|---|
| Sources of Law | Constitution, Legislation, Common Law, Customary Law, Sharia Law |
| Court System | Supreme Court, Court of Appeal, High Courts, Customary/Sharia Courts |
| Key Legislation | Companies and Allied Matters Act, Nigerian Investment Promotion Commission Act, Labour Act |
| Challenges | Judicial interference, underfunding, corruption, religious discrimination |
Challenges Facing The Nigerian legal System. #WAYS
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