NAME: Jimoh-Adeniyi Fatimah Abiodun
MATRIC NO: 24/LAW01/343
LEGAL METHODS
Pg 138
Question3: The classifications of law among other reasons are essentially to enable LI. B
students know the relationship between different laws; to enable them know the hierarchy of the
various types of law in a country and to ensure the simplicity and understanding of the study of
law. With the aid of the 1999 Constitutional of the Federal Republic of Nigeria as amended, list
and explain the various classifications of law. (15marks)
Introduction
Law is a system of rules created and enforced by social or governmental institutions to
regulate behavior. It serves as a framework that maintains order, resolves disputes, and
upholds justice in society. To better understand its application and scope, law is categorized into
different classifications. These classifications help in organizing legal principles and
distinguishing between various areas of law.
Classification of Law
The Nigerian legal system is based on the English common law tradition, customary law, Islamic
law (Sharia), and statutory laws enacted by the government. Below are the major classifications
of law, along with their definitions, explanations, and relevant Nigerian legal provisions and case
laws.
1. Public and Private Law
In Nigeria, public law is the law that applies to the public. It governs the relationship between
individuals and the state, while private law regulates interactions between individuals and
private entities and their rights and [Link] 1999 Constitution of the Federal Republic of
Nigeria is the supreme law governing public law issues and it is seen as the grundnorm.
● Public Law
Public law in Nigeria includes:
- Constitutional Law: The 1999 Constitution of Nigeria is the highest legal authority (Section
1(1) of the Constitution). In Attorney General of Lagos State v. Attorney General of the
Federation (2003), the Supreme Court ruled on the division of powers between federal and state
governments.
Administrative Law: This regulates governmental agencies and public bodies (e.g., the Public
Officers Protection Act, Cap P41, LFN 2004).
- Criminal Law: Governed by the Criminal Code (for Southern Nigeria) and the Penal Code (for
Northern Nigeria). In State v. Ilori (1983), the Supreme Court clarified the discretionary powers
of the Attorney General in criminal prosecutions.
● Private Law
Private law in Nigeria includes:
- Contract Law: Governed by common law principles and statutes like the Sale of Goods Act
1893. In Carlill v. Carbolic Smoke Ball Co. (1893), the principle of unilateral contracts was
established, which is applicable in Nigeria.
- Tort Law: Covers negligence, defamation, and trespass. In Donoghue v. Stevenson
(1932),the duty of care principle was established, influencing Nigerian case law.
- Property Law: Governed by the Land Use Act of 1978, which vests land ownership in the state
governor.
- Family Law: Includes the Matrimonial Causes Act, which regulates marriage, divorce, and
custody issues.
2. Substantive and Procedural Law
Substantive law establishes rights and duties. It is the theoretical aspect of law that regulates
what conducts are lawful or unlawful, while procedural law governs enforcement processes of
substantive law. For example the process of studying law in the university can be seen as
substantive law since it is theoretical while going to law school can be seen as the procedural
aspect.
● Substantive Law
Nigerian substantive law includes:
- Criminal Law: The Criminal Code Act and the Penal Code govern offenses.
- Property Law: The Land Use Act (Section 1) controls land ownership and administration etc.
● Procedural Law
Procedural law in Nigeria includes:
- Criminal Procedure: Governed by the Administration of Criminal Justice Act (ACJA) 2015,
which replaced the Criminal Procedure Act.
- Civil Procedure: The rules of various courts, such as the High Court Civil Procedure Rules,
regulate civil litigation.
3 National and International Law
Nigeria is a dualist state, meaning international treaties must be domesticated before they
become enforceable (Section 12 of the 1999 Constitution).
● National Law
National law includes all laws enacted by the National Assembly, such as the Companies and
Allied Matters Act (CAMA) 2020, which regulates corporate affairs.
● International Law
Nigeria is a signatory to various international treaties, such as the African Charter on Human
and Peoples' Rights, which was domesticated as the African Charter on Human and Peoples'
Rights (Ratification and Enforcement) Act, Cap A9, LFN 2004.
4. Civil Law and Criminal Law
Civil law deals with private disputes. It is the whole of private and public and private law except
criminal law, military laws and martial laws, while criminal law addresses offenses against the
state. It states the rule of liability and the penalties for breach/infraction.
● Civil Law
Civil law governs private disputes, such as contract breaches. In Oluwole v. LSDPC (1983), the
Nigerian Supreme Court ruled on breach of contract issues.
● Criminal Law
Criminal law prescribes penalties for offenses like theft and assault. In Kalu v. State (1998), the
court emphasized the burden of proof in criminal trials. It is usually codified as a statute law into
criminal or penal code. See S36(5) and S36(12) of the CFRN. The penalty for a crime under
criminal law may be one or a combination of a fine or death. See the case of AG v Oyo State.
5. Common Law
Nigeria follows a common law system, but statutory law plays a significant role in
[Link] common law is the law which grew from the customs common to the people of
England and were applied as judicial precedents in the court.
● Common Law
The Nigerian legal system derives common law principles from English law, including
precedents like R v. Ogbuewu (1949).
6. Written Law. It is commonly known as a statute
law or legislation, it is the law which takes its force from express legislative enactment eg. the
The Nigerian Constitution, the Acts of Parliament i-e Criminal code etc.
7. Unwritten law: It is the law that is elther completely / wholly or partly unwritten. It is a law that
is not enacted or passed in a form of statute law. it is all parts of the law observed by the people
and administered by the court: eg. Common laws of England,customary law in Nigeria, judicial
precedents etc.
[Link] Law: It is the law that is accepted as binding by the people. It is the body of
customs which from long use have acquired the force of law among the people. Custom is a
way of life of a group of people. The Evidence Act defines custom as follows, ‘ a rule which in a
particular district as from a long usage obtained the form of law’. See S 258(1) of the Evidence
Act.
9. Islamic Law: It is an all embracing legal system that regulates and guides the life and conduct
of Muslims concerning their rights and duties. It is derived from the following sources :
● Quran: the word/book of God and direct revelation through the prophet.
● Sunna: the traditions or sayings of Prohet Muhammad
● Ijma: consensus of Muslim jurists
● Qiyas: analogical deductions from individual opinions.
10. Equity: it means fairness, natural justice, moral rightness or good. In legal parlance, equity
are the rules of fairness or natural justice formulated and administered by the court of chancery.
The classification of law provides a structured approach to understanding Nigeria's legal
system. By distinguishing between public and private law, substantive and procedural law, and
other categories, legal professionals can navigate the legal framework more effectively. This
classification helps in the interpretation and application of Nigerian law in different legal
contexts.