What legal system does Nigeria use?

Posted on by Jessy Collins

What legal system does Nigeria use?

Nigeria has four distinct sources of law that form a mixed legal system: English law. Common law. Customary law.

What is the origin of Nigerian legal system?

In 1862, a Police Court was established in Lagos to deal with cases related to the growing commercial transactions in the colony. A year later, the Supreme Court Ordinance of 1863 was promulgated. This constituted part of the Supreme Court of Her Majesty Settlement of Lagos with effect from 9th April 1863.

How long can police detain you without charge in Nigeria?

They are not permitted to detain you for more than 48hours

In section 35 of the constitution of the Federal Republic of Nigeria, any person who is arrested by the law enforcement agency for commission of crime must be brought before court within “24-48 hours”.

What are the three sources of Nigerian law?

Basically, the sources of the Nigerian Legal system include the received English law, Nigerian Legislations, Islamic law, customary law and Case law. The stand of case law is however subject to debate.

What are the five legal systems?

There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal systems. Civil law systems have their origin in the Roman legal tradition.

Why is Nigeria legal system difficult?

Nigeria operates a plural legal system. The laws are derived from English, Customary and Islamic Laws. As a result of this complex mixture of laws operating within the same system, it makes the implementation of laws difficult as it is sometimes not always clear which law should apply in a given situation.

What are the features of Nigerian legal system?

Below are the features of Nigerian legal system:

  • It is adversarial in nature.
  • Hierarchy of courts.
  • Lots of external influence.
  • Judicial president.
  • Cultural diversity.
  • Influence of military rule.

What are the 4 types of courts?

Types of courts
Basic distinctions must be made between criminal and civil courts, between courts of general jurisdiction and those of limited jurisdiction, and between appellate and trial courts. There are also constitutional, federal, and transnational courts.

Can police search your phone in Nigeria?

Police Have No Right To Check Your Phone Except It’s Marked As Exhibit In Court— Nigeria Police Spo. Sahara Reporters, New york. Adejobi said this on his Twitter handle on Wednesday, explaining that any police personnel found doing that should be described as a scavenger.

Can you sue a police officer personally in Nigeria?

The Nigeria Police Force and its officers can be sued by any person, association, group, club, family, community, company or centre for themselves or for another person.

What are the 4 types of law?

TYPES OF LAW

  • Criminal Law.
  • Civil Law.
  • Administrative Law.

What are the 4 main types of law?

Types and Classifications of Law

  • Eternal Law.
  • Divine Law.
  • Natural Law.
  • Human or Positive Law.

What are the 3 legal systems?

Types of Legal Systems
Among the main groups that you might encounter are: 1) common law; 2) civil law; 3) religious law; and 4) customary law. Many countries employ more than one of these systems at the same time to create a hybrid system.

What are the four legal system in Nigeria?

There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law. English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post colonial independence.

What are the features of Nigeria legal system?

Characteristics of Nigerian Legal System

  • Duality.
  • Judicial Precedent.
  • Hierarchy of courts.
  • Fusion of legal profession.
  • External influence.
  • Accusatorial.
  • Military influence.

What are the types of legal systems?

There are five basic types of legal systems in the world. They are civil law, common law, customary law, religious law, and hybrid or mixed systems.

What are 2 kinds of legal cases?

Civil and Criminal Cases
The law deals with two kinds of cases.

Which court is highest in Nigeria?

The 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.

Can you refuse to be stopped and searched?

Section 60 of the Criminal Justice and Public Order Act 1994 allows a police officer to stop and search a person without suspicion. You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer.

Can police check my phone without a warrant?

Without permission from Superintendent of police or from court , police cannot intercept your phone or obtain call records or data messages from your mobile phone service provider.

Is it legal for police to search your phone in Nigeria?

The police have a right to search phones and laptops, however this search can only be performed if a search warrant has been issued. If the police officer does not have a warrant to search your phone or laptop or other electronic device then any search carried out is an illegal one.

Is it a crime to video a police officer in Nigeria?

He punctured the usual belief that a citizen filming a police officer while on duty has committed any crime but added that every Nigerian has the right to film any police personnel on duty stressing that it was within their rights in the law.

What is the rule of law?

What is the rule of law? The rule of law definition holds that government power must be used in accordance with the law rather than the arbitrary wills of officials. In effect, what does the rule of law mean? It means that no one, even the rulers of a society, is above the law.

What are the 2 types of law?

Case law or Common law – created by a judicial body, such as the Fourth Circuit Court of Appeals or the Virginia Supreme Court. Statutory law – created by a legislative body, such as the U.S. Congress or the State of Maryland General Assembly.

What are the 7 types of laws?

CLASSIFICATIONS OF LAW

  • Public and Private Law.
  • Civil Law and Criminal Law.
  • Substantive and Procedural Law.
  • Municipal and International Law.
  • Written and Unwritten Law.
  • Common Law and Equity.