Is case law a source of law in Nigeria?
There are also instances where legislation is not clear. In these instances, the court uses the rules of interpretation to clarify the provision of the legislation. In essence, case law is a very important primary source of Nigerian law. The other primary sources of Nigerian law can only operate through case law.
What are the main source of Nigerian law?
The main sources of Nigerian law in order of hierarchy are: The Nigerian Constitution. Legislation (Ordinances, Acts, laws, decrees, edicts and bye-laws). Judicial precedents.
What is the source of case law?
Case law is law based on judicial decisions. This guide cites resources for locating and identifying judicial decisions from the U.S. courts using primary and secondary sources of case law.
Why is case law an important source of law?
Powerful Nature of Case Law Generally, if there is a statute on an issue, the statute is superior to case law, just as the Constitution is superior to statutory law. However, judges interpret constitutional and statutory law, making case law a powerful source of law.
What is a case law in Nigeria?
Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included. Judicial body. Judicial body.
What are the sources of educational law in Nigeria?
Among this are; National Examination Council Act, (NECO) (Establishment) Act, National Secondary Education Commission, ETC, Act, Nigerian Education Bank Act, West African Examination Council Act, Universal Basic Education Act, Child’s Right Act, African Charter on Human and Peoples Right.
Is case law a primary source?
Primary sources are the law itself. These sources include: statutes (and codes), regulations, treaties, and case law.
What is the significance of case law analysis for law students?
Case law research and analysis is a prerequisite in the legal profession, and the process of acquiring this skill set begins from the very first day of law school when one embarks upon the journey of exploring, understanding and applying the law in the practical scenario.
How many types of law do we have in Nigeria?
There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law.
What are sources of educational law?
The first section covers primary sources–that is, laws and regulations, including Title 20 of the U.S. Code (USC), Title 34 of the Code of Federal Regulations (CFR), the Washington State Legislature, and the United Nations Educational, Scientific, and Cultural Organization (UNESCO).
What is the purpose of case law?
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.
Is case law a secondary source?
Legislation and case law is a primary source of information on the law. A secondary source can be, among other things textbooks, commentaries, or academic articles.
Is case law a primary or secondary source?
What are the benefits of case law?
Case law provides a record as to the larger disputes and disagreements in the application of the guidelines, and provides guidance as to how to interpret and apply the guidelines going forward.
Why is case law a primary source of Nigerian Law?
The reason why case law is a primary source of Nigerian law is that the law is what the judge says it is. Legislation can have conflicting interpretations in the law courts. In fact, legislations have different interpretations in the law court. If they don’t, what then are lawyers haggling about in court?
What is a lawyer called in Nigeria?
As a lawyer in Nigeria, you would have been called “the law” by other people. This nickname is an allusion to the importance of lawyers and judges in the legal system. Lawyers and Judges contribute their fair share to the development of Nigerian law through case law, which is also a primary source of Nigerian law.
Is customary law still relevant in Nigeria?
Even though some customary laws are now declared by the court to be repugnant to natural justice, equity and good conscience, it is still one of the sources of Nigerian law. Before any legislation is made by the legislature, the customs and traditions of every society is usually considered.
What are the types of Laws in Nigeria?
The laws received by Nigeria is again divided into three classes viz: According to Investopedia, Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.