To the average Nigerian on the street, the Constitution is the law. Whatsoever is in the Constitution is the law of the land that everybody must obey. If you are just starting out as a law student, your opinion would most likely be more informed than the ordinary man on the streets. You might think that the law is just statutes enacted by the legislature.
Both positions are correct but Continue reading “Primary Sources of Nigerian Law: Everything you need to Know”
You don’t need a degree in economics to appreciate the importance of land to the survival of a people. Land is one of the essential factors of production and is the direct source for wealth creation.
In the precolonial times, most areas of Nigeria were agrarian communities. This meant that land was the essential means for the people to survive.
The native laws of the different peoples that inhabited Nigeria regulated Nigerian land law in this period. In most parts of the North, Islamic Law regulated land law. In the South, ethnic customary law took prevalence.
All this changed with the advent of colonialism. In contemporary Nigeria, the Land Tenure system is a jumbled mix of the English Common Law, statutes and customary law. Continue reading “What are the Sources of Nigerian Land Law?”
For literature students, the Shakespearean classic – The Merchant of Venice, would ring a bell. This story shows the absurdity that is inherent in strict adherence to the law. Without equity tempering the provisions of the law in order to create justice, the law would end up being a tool of injustice.
Those who have not read the story might be a little bit lost here. As the story goes, Bassanio asked his friend – Antonio, to give him some money in order to marry the woman he loves. Antonio didn’t have the money and he decides to borrow from a moneylender – Shylock. Continue reading “How has Equity Contributed to the Common Law Legal System?”
The Earl of Oxford case solidified the position of the Court of Chancery in the English Legal system. As a result, there were two courts with different powers. The presence of two courts with distinct jurisdictions caused a lot of hardships to litigants.
The common law courts could grant damages while the Court of Chancery could grant injunctions and other equitable remedies. For a while, none of these courts could grant remedies obtainable in Continue reading “The Judicature Act of 1873-1875.”
The Meaning of Equity
In normal parlance, equity means justice and fairness. In the legal world, equity means this and much more. All legal systems all over the world, over the ages, have always had a concept of equity embedded in their administration of justice. The Civil Law jurisdictions of Europe inherited the Roman Legal system. Continue reading “Meaning and Historical Evolution of Equity”
The Evidence Act is relatively lengthy; it has about 259 Sections. An important question that should trouble your mind is “should the Evidence Act is to be used in resolving all dispute?” If there is a family dispute and the elders have the task of resolving the issue, are they bound to make use of the Evidence Act?
Thankfully, the Evidence Act Continue reading “The Application of Evidence in Nigerian Courts”
When it comes to tendering evidence before the court of law, there are some fundamental rules that the court has to adhere to. These rules determine the whole practice of bringing evidence before the court. The rules are as follows:
The Burden of Proof
The burden of proof is simply the party whose responsibility it is to establish evidence before the court. When it comes to civil cases, the burden of proof rests on the party that asserts. This could either be the plaintiff or the defendant. For instance, if in a land dispute, Continue reading “The Rules of Evidence”
A lot of us have heard of the arrest of public figures on charges of corruption and other dastardly acts. After the law enforcement agencies arrest the “suspect”, the media is usually awash with how he allegedly stole millions of naira and did some other unconscionable things. There and then, public opinion finds the “suspect” guilty. Due Continue reading “Introduction to The Law of Evidence”
Where there is a breach of duty on any of the parties in an agency relationship, there are a lot of remedies that have been made available by the law. Such remedies would be outlined below Continue reading “Remedies for Breach of Duty in an Agency Relationship”
The liability of an agent in an agency relationship is best discussed under the following outline Continue reading “Liability of Agents in an Agency Relationship”