10/24/2022

Ms. Ngozi joy

- Pelican brief by john grishan

“What is law”?
A body of rules and regulations enforced by an institution or a body whereby the
disobedience to such results in consequences and sanctions.
- Without the aspect of sanctions, it is not law ‘but rather suggestion’.

The modern perspective of law:

- Lawyer perspective
Law consists of those rules of human conduct which the court normally would enforce.
- Lay man perspective
Law includes all rules of conduct which people generally are expected to observe. Law
has a broader scope than the lawyer’s law, and may include those rules and regulations
which guide human behavior. Any breach of such law is frowned at by the state or
community that can enforce it. In other words, lay man’s notion of law includes those
traditional and religious usages and norms which no court of law will recognize nor
enforce.

- Generally
1. Also, law can be defined as an entire body of principles that govern human
conduct and the observance/adherence of which can be enforced among the
members of a given state.
2. It is the bond that regulates people’s behavior in a society.
3. The law of a given community is the body of rules which are recognized as
obligatory by its members. From this definition, it is evident that the rules may
derive from custom, legislation, or case law.
Case law consists of decisions of courts in decided cases. In this instance, the decisions of
the court become law, unless the court itself wants to review and revise its decision.
This is applicable to supreme and appellate courts. Any decision made by appellate
courts bind the federal high courts.
A case law cannot contradict a statute. Judges are allowed to move with discretion but
they are bound by the laws of the state and legislation. Case law is not the first source of
law; the first source is the statutes.
Substantive law is criminal law and procedural law is of a different aspect.
- All types of cases become case law.
- Nigeria runs a tripartite law system. This includes the presence of sharia,
customary and statute law in various sections of the Nigerian federal republic.
4. For people, law is a command. There has to be an element of sanctions and
punishments.
This implies that a ‘command’ implicitly obtains sanctions. Although, there are examples
of rules of law that do not impose sanctions for disobedience. For instance, rules
relating to the making of wills do not command any person to make a will, and will not
provide consequences for a lack of adherence.
The wills act does not say you have to make a will, but if you do, you’d have to make it
as according to the stipulations. However this law is not binding. On the other hand,
certain criminal and civil laws are binding to all persons.
- An example of a command is an order given by a traffic warden/officer or police
officer to a motorist to stop.
Features or characteristics of law
1. Law can be sourced from different places. The law is a body of rules regulating
society, in which some are contained in documents such as the constitution,
numerous rules contained in statutes (a legislature) or statutory provisions, and
numerous rules contained in judge’s decisions (case law). All these are referred to
as the law. It is a collection of do’s, don’ts or norms in a society.
In regards to case law, if you are a lawyer handling a case that is similar to previous one
that has been concluded, and the preceding case ended on a judgment you desire to
obtain, you can reference that law as it is case law and use it to substantiate your point
and forward your client.
2. Law is manmade. This is under a unique feature of law. Nowadays, laws are made
by the legislature or other authorized law makers according to the system of
 government, or legal system put in place in a given society or country, unlike in
the olden days when laws evolved over a period of time from customs.
Though laws are still influenced by customs, the distinction here is that it isn’t solely and
exclusively based on customs and culture. Laws aren’t changed willy nilly anymore, but
have to undergo a beaurocratic system to be created and legally accepted.
3. Law is dynamic in nature. It is dynamic in the sense that, it can be amended and
reformed. Law is not static. Also, new laws can be enacted. This is in a view to
meet the ever changing needs of the people, as changes occur, and society grows
daily. It evolves over time. It changes and gets better with time, in order to better
secure and achieve its objectives in a society. A change can be caused by social,
political and economic situations in a country.
Example, when COVID 19 was in play and impromptu rules came into force. Offenders
were still punished, despite the young age of the rules and the biological phenomena.
This situation also showcases how administration in high places can also make mistakes
or amendments to their laws and impact a widespread amount of people at whim.
Malemi: “ideally, law advances society and society in turn advances the law. Law moves
society forward and society in turn moves law forward. Law brings changes to society
and society changes the law to meet its needs. Thus, law develops society and society
develops the law by reforming it. Law reforms society and society reforms law. As long
as there is life and society, this is a continuous cycle”
4. Law is normative in character. This is also another unique feature of law. The
rules of law consist of norms for the regulation of human conduct in a society. It
is a reflection of social attitudes in a society.
Normative: establishing, relating to, or deriving from a standard or norm, especially of
behavior
In essence, this normative aspect of law states that law is derived from the general
customs and culture of the people
5. Law has elements of coercion/force. Law is forceful. It is a rule of action. A breach
of law attracts sanctions and these are enforced through organized means, such
as the police, courts and the prisons, now referred to as correctional facilities. It
compels a person to act according to form. There are sanctions attached, and if
there is no sanction attached, then it is no more law, “but a mere moral advice”.
For that reason, if a state decides to create a law in 2000, if someone did not abide by
that law in 1990, that person could not be convicted nor tried because that law wasn’t
present then, and that mentality was not propounded then. The culture did not breed
nor facilitate that idea, at that time, and so courts do not prosecute people in this
manner of retrospect.
6. Law has territorial limitations. Laws are usually made to regulate the conduct or
interpersonal relationships of people in a particular society.
For example, the provisions of the 1999 constitution of Nigeria cannot bind the citizens
of Niger republic or Cameroon, and also a particular country cannot look into the
revenue laws of another country.

Nigerian constitution:
1. https://constitutions.unwomen.org/en/countries/africa/nigeria
2. https://edojudiciary.gov.ng/wp-content/uploads/2016/10/1999-Nigerian-
Constitution.pdf

10/31/2022
Ms. Ngozi

The importance of law

In any organized society, in which there are developments in commerce and

communication, there emerges the great need of having laws to regulate people’s
mutual rights and obligations. In the face of development, an established set of laws
needs to be created. If there are, however, no man made laws, it may be that the people
would be guided by principles of morality and choose to live and act in the same way as
they do today. Man would conduct himself in accordance with the dictates of his
conscience; the precepts of right living which are part of his religion and the ethical
concepts that are generally accepted in his community. Here there is the argument that
if legislative laws were not established then other laws would still find way to reign.
However, problems may arise when a few individuals, who, while enjoying the
advantages of living in a civilized society, may be unwilling to conform to the established
mode of behavior, which makes the civilized community possible in the first instance, by
evading laws which are obeyed by others. deviants
Law makes man’s behavior in any given situation, predictable. Therefore, when we live
or move about in the presence of our neighbors, we are relatively sure that our security
is guaranteed because we know their limits under the law. Law in a society means order,
peace, stability and progress. The word ‘relatively’ needs to be stated because human
beings are erratic and spontaneous. Unpredictable and emotional; selfish and ever
changing in heart and soul, which occasionally gets expressed through behavior.

In the absence of law and a general disposition is disobey law, life will be impossible, for
chaos, confusion, and a general feeling of insecurity would be the order of the day.
“Individuals owe their dignity and basic rights to law.” [This is argued because the
constitution guarantees our rights. Specifically chapter 4, section 33 onwards]. Even our
religious life cannot be maintained in the absence of law (section 10 of the constitution).
The aspect of religion was probably stated because there is no state law. This means
that it is not stipulated in the law that all persons living within a given geographical
limitation has to adhere to a specific religious belief. Because there is no state religion,
everyone is free to practice their won beliefs.
- On exams, when you want to cite the constitution or the law, you state
“according to chapter (I,II,IV, etc), section (#) of the CFRN (constitution of the
federal republic of Nigeria) 1999, (as amended).” The first time you cite the law,
you’d write the full meaning. So, (ex): “chapter IV, section 37 of the constitution
of the federal republic of Nigeria, 1999, as amended”. After the first time you
fully write the meaning, you can subsequently format it as: “CFRN, 1999, (as
amended)”. The ‘as amended’ is to be in parenthesis.
- So the first time, fully write out the meaning, and subsequent times, only write
the blue highlight.
Our family life and relationships are recognized and well protected by law, which
stipulates remedies against any uninvited invasion of our domestic rights (chapter IV,
section 37) because our belongings and us, our homes and families are secured by the
law, we generally can afford to rest or sleep peacefully, work, save, think and plan for
the future.
 Functions of law
11/14/2022

Introduction:
- A particular law may be made with the objects (goals) of achieving a particular
objective, such as to provide for the care and supervisions of a child, to abolish
obnoxious customary practices, etc
One of the reasons for the enactment of law is the change or total destruction of a
particular custom or to propel a particular custom that is desired to become widespread
due to its rationality and ethicality
Ukeje vs ukeje (check this court case)- this court case continued in the hierarchy of
courts (appellate, etc) until it got to the supreme court and in all (each) court it
concluded that women should be able to inherit property [supported by section 42
subsection 1 and 2 CFRN]
The repugnancy test- the sequence of tests a custom must pass before it can become in
Nigeria
- To make land for developments available to all, and promote fast and economic
developments at all levels. (see that land use act of 1978)
This act provides for the regulation of lands in Nigeria- how to acquire, obtain governors
consent, etc
- Or to establish an institution of a government agency

1. Definition and regulation of social relationships:

Law plays an important role in the definition and regulation of different kinds of social
relationships in the society between individuals and between groups.
A good example: for instance, law defines and protects the institution of marriage.
While same sex marriage may be tolerated in some societies, the Nigerian law defines a
marriage as an association between a man and a woman (specifically).
For a relationship to be legally recognized as a marriage, it must meet certain essential
requirements.
The rights and obligations of the family, as spouses and parents are defined through
law. For example: parents have the right to moderately chastise their children, or words,
in almost all societies. However, the degree of such chastisement may vary from one
society to another. However, where an excessive or unreasonable application of force is
allowed, abuse is inevitable.
2. Identifications and allocations of official authority
The law establishes specific institutions, body of persons and individuals, and vests in
them with authority to exercise certain powers on behalf of the state or institutions. For
instance, the constitution establishes, the legislative, executive and judiciary arms of
government. And vests them with legislative, executive, and judicial powers, [section
4,5,6 CFRN (as amended)] respectively. Each arm of government is mandated to keep
within the limits of its powers, subject to the limits of the constitution. Failing which
their action will be ultra vires; null and void.
3. Dispute settlements and remedies
One of the basic functions of law is to establish a formal procedure for settlement of
disputes. This is usually in the form of law courts, judicial and administrative tribunal,
etc. law also seeks to provide appropriate remedies, where a party has suffered injury
due to the action or inaction of the other. For instance, the law provides a civilized
method of obtaining remedy where there is a breach of obligation. When a party
defaults or does not uphold their end of the deal. The law provides remedies to
breaches of obligations in relation to contractual dealings.
Breach: to default or refuse to discharge your part of the dealing
The remedies for a breach of contract may be damages, specific performances, etc