The rule of law implies that government authority may only be exercised in. Online version of laws of the federation of nigeria 2000, that is, decrees and acts from 1990 to the present which are still in force. Under nigerian law, a wife of a christian marriage is not criminally responsible for an act which she is actually compelled by her husband to do in. There is no doubt that the rule of law is unambiguously enshrined in the nigerian constitution. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. He wrote that the administrators of a country should rule or exercise their authority in accordance with the established laws of the land, and such established laws should be regarded as. Either the page is no longer relevant or consensus on its purpose has become unclear. If you can see from the above that our claim to make the list of law books dealers in nigeria is not a fluke but by deliberate actions to allow you room to navigate. We have a problem with rule of law politics nigeria. In this writeup, you will learn one or two things about the rule of law in nigeria and what it is all about. The westminster parliamentary system recognized the supremacy of law. The nba has a most solemn duty to uphold the rule of law as prescribed by our rules of professional conduct. Text of the constitution of the federal republic of nigeria, supreme court rules, and court of appeal rules. It deals with the various principles of constitutional law and fundamental human rights as contained in the 1999 constitution, though frequent references are made to previous nigerian constitutions so as to highlight the.
In greek mythology, avenging injustice was the job of the furies. Nigerian legal system publication and books lawnigeria. Group said to have a number of factions with differing aims, including imposing sharia law in all nigeria s 36 states. In this case, obedience to court orders is a paramount measuring index of compliance with the rules of law in any society. It can, therefore, be concluded that leaders in nigeria have turned the rule of law to mere myth in the nigerian constitution. The best books on the rule of law five books expert. Page 4 meeting the demands of an increasingly privatized economy. Africa, afghanistan, niger, nigeria commenting has been disabled.
Nigeria is unable to obey set down rules and operate within the norms of a given establishment. There is no doubt that the rule of law is unambiguously enshrined in the nigerian. Customary law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of precolonial yoruba land secret societies and the ekpe and okonko of igboland and ibibioland. There are different types of lawyers in nigeria, and the practice of law is a very big field in nigeria. Rule of law, legal positivism, executive lawlessness, democratic. When the british government formally granted political independence to nigeria on october 1, 1960, the politicians, who took over the reins of government was welleducated, experienced, sophisticated and above all, very patriotic. The concept of the rule of law has a generic connotation in the sense that.
Both acts were then repealed and replaced in 1922 by the companies act of 1922. The only surprising thing to any competent individual is the. The sharia muslim law on the other hand is equally a part of the customary law. Nigeria is a nation governed by laws and the rule of law is well enshrined in the 1999 constitution, however in practice, the rule of law in not without some challenges and problems. Issn 22243240 paper issn 22243259 onlinevol 3, 2012 rule of law in nigeria mohammed mustapha akanbi, ph. Constitutional law and military rule in nigeria ibadan.
Both of them were replaced by the companies act of 1922 in 1922. December 17, 2019 14 facts about compensation and victimology in criminal justice in nigeria. The court belongs to the lowest among the courts in nigeria and nonlegally trained individuals do preside over the court. In practice however, nbas work is very daunting and challenging.
Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Rule 1 of the 2007 rules state in part that a lawyer shall uphold and observe the rule of law, promote and foster the. The knowledge based society myth or reality for romania. Colonel ahmadu ali, the national chairman of pdf, according to the write has. Jan 31, 2014 lagos, nigeria in the weeks since jan. Mar 18, 2016 the islamic law is source of nigerian law and this could be supported by two fact, first, the existence of the penal code laws which was tinkered out by muslim clerics at the invitation of sir ahmadu bello to come to nigeria and make a body of accepted laws for the heterogenous people of nothern nigeria and secondly the civil aspect of sharia. This study, in nineteen chapters, deals with the various issues pertaining to land law in nigeria. Myth and reality of law, language and international.
The rule of law and anticorruption crusade in nigeria niki tobi, ll. The rule of law as an instrument of societal protection and its impact on gender issues in nigeria. However, in 1966, the rule of law was forcibly replaced by the rule of force. The constitution of nigeria is the supreme law of the country. Shyllon and obasanjo, the demise of the rule of law in nigeria under the thematise that without an implementation of a functional rule of law, such democratic. This book is a completely revised merger of both volumes 1 and 2 of constitutional law in nigeria previously published. The doctrine of rule of law, the meaning, origin, relevance, rule of law in a military government and democratic government, rule of law and human right, impediments to rule of law etc. List of law books dealers in nigeria africabuy law books nigeria. In nigeria, there has always been a question whether the rule of law is a myth or a reality. To be published as a chapter in florence workshop on the rule of law, edited by neil walker and gianluigi palombella, hart publishing company, forthcoming 2008.
The author is currently honorable attorney general and commissioner fro justice of oyo state of nigeria. The only surprising thing to any competent individual is. It is therefore, safe to infer that the rule of law is supreme in nigeria, at least, in. D honoris causa, con justice of the supreme court and professor of law lecture delivered at the 9 th justice idigbe memorial lecture, at the akin deko auditorium, university of benin, benin city, nigeria on 6 th august, 2008. English law in nigeria is derived from the colonial nigeria, while common law is a development from its post colonial independence. The dissertation uses critical discourse analysis to challenge the rule of law. You cant find the book on human rights law here, do not be discouraged, give us a call on 08023200801, 08075765799. Myth and reality in womens employment in broadcasting. The rule of law is the foundation for communities of opportunity and equityit is the predicate for the eradication of poverty, violence, corruption, pandemics, and other threats to civil society. The rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. The constitution of the federal republic of nigeria 1999 with annotations lagos. It was known then as the companies amendment and extension act of 1917. But in nigeria, the rule of law is more or less a farcical concept.
For a bit of fun, we at lawpadi decided to dig into the nigerian law statute books and our case law to find some weird and strange laws that we believe are still applicable in modern day nigeria. Describing the myth and reality of colonial legacy in nigerian education. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. This law is the same as the islamic law, which predominates in the northern part of nigeria and it had been in use since 1959. Jul 26, 2014 the scope of my research project or study is only limited to cover the rule of law and constitutionalism in nigeria. The trend shows that in the nigerian context the concept is by and large judiciously. The principle of the rule of law arose from the proposition by professor dicey in his book titled introduction to the law of the constitution in 1885. The law of nigeria consists of courts, offences, and various types of laws.
Eshugbayi eleko v government of nigeria 1931 ac 662. Opinion nigerias absurd rule of laws the new york times. Democracy and the challenge of the rules of law in developing. Published by canadian center of science and education. Heinemann educational books nigeria, 1990 domestic relations 441 pages. Derived from the renowned multivolume international encyclopaedia of laws, this very useful analysis of constitutional law in nigeria. Jun 02, 2008 the rule of law, a basic and dynamic legal concept, which formed the kernel of british democracy, was adopted in nigeria. The first point to start with is that when a lawyer gets qualified to practice law in nigeria, there are no restrictions on what area of law heshe can practice in. This guide to law online nigeria contains a selection of nigerian legal, juridical, and governmental sources accessible through the internet. Introduction to nigeria company law part 1 this was then ammended in 1917 to cover the whole country companies amendment and extension act of 1917. In this book he discusses the scope for freedom of expression in relation to the press in nigeria, the offences a journalist may run foul of and the defences available if an offence in committed. Mar 07, 2018 by 1st attorneys, nigeria broadcasting and telecommunication has come a long way in nigeria. English law in nigeria is derived from the colonial nigeria, while.
Pdf a conceptual analysis of the rule of law in nigeria amana. Jun 26, 2016 the same law got refined 5 years later in 1917 and it was then be able to cover all parts of nigeria. Formally these services were considered social services in nature hence private companies were. Democracy, law, the rule of law, democratic society, ideals. The only surprising thing to any competent individual is the blatant disrespect shown to this constitutional provision by nigerian rulers who had openly sworn to uphold it. Nigeria has its own constitution which was established on 29 may 1999. The best books on the rule of law, as recommended by jonathan sumption qc, former. Aciarbuk december 16, 2019 highest punishment for driving without license in nigeria. The legislative authorities in the eastern, western and northern regions were replaced by army councils that were. This page is currently inactive and is retained for historical reference. Companycommercialtax law intellectual property akanki, j. At the most basic level, this simply meant that courts needed to be available to adjudicate disputes and enforce resolutions. Senior lecturer, department of business law, faculty of law, university of ilorin, nigeria.