Sources of Law in Nigeria
The sources of law in Nigeria are the recognized channels through which legal rules derive authority. Identifying the correct source of law is one of the first steps in legal analysis because the validity and enforceability of any rule depend on where it comes from and how it fits within the hierarchy of norms.
Nigeria’s legal system recognizes several major sources of law, each with its own scope, authority, and practical significance.
The Constitution as the Supreme Source
The Constitution is the highest source of law in Nigeria. The 1999 Constitution (as amended) is the legal foundation of the state and the standard by which all other laws are measured. It creates governmental institutions, allocates powers, guarantees rights, and defines the legal framework within which public authority must operate.
Its supremacy means that any law inconsistent with it is void to the extent of the inconsistency. This makes the Constitution not merely one source among many, but the controlling source of legal validity.
Legislation
Legislation is one of the most important sources of law in Nigeria. At the federal level, laws are enacted by the National Assembly as Acts. At the state level, they are enacted by Houses of Assembly as Laws. These statutes regulate a wide range of matters, from criminal law and taxation to company regulation and public administration.
Federal and State Legislative Competence
Because Nigeria is a federation, legislative authority is constitutionally divided. The National Assembly has power over matters in the Exclusive Legislative List. Both federal and state legislatures may legislate on matters in the Concurrent Legislative List, subject to constitutional rules on inconsistency. Matters not assigned to either list generally fall within residual state competence.
This means that a statute may be challenged not only for violating rights or procedure, but also because the enacting body lacked constitutional authority.
Judicial Precedent
Judicial precedent is a major source of law in practice. Courts interpret statutes, clarify constitutional provisions, and formulate principles that guide future cases. Through this process, case law becomes a continuing source of legal doctrine.
Binding and Persuasive Authorities
Decisions of the Supreme Court bind all lower courts. Decisions of the Court of Appeal bind lower courts and strongly influence legal development across the country. High Court decisions are generally persuasive rather than binding on courts of coordinate jurisdiction.
In Ogunsola v. NICON, Suit No. SC.231/2003, the Supreme Court emphasized the obligation of lower courts to follow superior court decisions.
Received English Law
Received English law remains part of Nigerian law, though its role has been shaped by constitutional development and local legislation. It includes the common law, doctrines of equity, and statutes of general application received during the colonial period, subject to local adaptation.
Its influence remains visible in many areas of private law, including contract, tort, trusts, and aspects of commercial law. Even where Nigerian statutes now govern a field extensively, the conceptual structure often reflects English legal heritage.
Customary Law
Customary law is an indigenous source of law derived from the accepted usages and practices of particular communities. It is especially relevant in matters relating to marriage, family relations, inheritance, and land tenure.
Validity of Customary Law
Customary law is not applied automatically. A custom must satisfy judicial tests of validity. It must not be repugnant to natural justice, equity, and good conscience, and it must not be incompatible with any written law. Courts therefore recognize customary law while also subjecting it to legal scrutiny.
Islamic Law
Islamic law is another important source of law, particularly in northern Nigeria. It is most prominent in personal law matters such as marriage, divorce, guardianship, succession, and endowment. Its application is supported by constitutional and statutory structures that recognize Sharia courts and appellate institutions in relevant jurisdictions.
Islamic law in Nigeria operates as part of the broader legal system rather than outside it.
Delegated Legislation
Delegated legislation, also known as subsidiary legislation, includes rules, regulations, orders, and by-laws made under powers conferred by statutes. It is an important practical source of law because it supplies the detailed framework needed to implement primary legislation.
Its validity depends on the enabling statute and on consistency with the Constitution.
Conclusion
The sources of law in Nigeria are best understood as a hierarchy of interacting authorities. The Constitution stands above all. Legislation derives force from constitutional competence. Judicial precedent gives practical meaning to legal texts. Customary and Islamic law operate within constitutional and statutory limits. Delegated legislation fills in administrative detail. Together, these sources form the doctrinal foundation of the Nigerian legal system.