Nigeria · Overview
The legal system of Nigeria
Africa's largest legal market and a genuinely tripartite system. English common law received before independence sits alongside customary law and, in twelve northern states, codified Sharia applied by dedicated Sharia Courts of Appeal. Thirty-six states each legislate on residual matters, so commercial, land and family answers vary by state.
Legal tradition
Nigeria belongs to the mixed (common law, customary law, sharia) tradition. Africa's largest legal market and a genuinely tripartite system. English common law received before independence sits alongside customary law and, in twelve northern states, codified Sharia applied by dedicated Sharia Courts of Appeal. Thirty-six states each legislate on residual matters, so commercial, land and family answers vary by state.
How power is divided
Federal separation between the President, a bicameral National Assembly and the judiciary, replicated at state level. The Exclusive, Concurrent and Residual Legislative Lists allocate competence between the federation and the 36 states.
Where law comes from
- Constitution
- Supreme; section 1(3) voids inconsistent law.
- Federal Acts
- National Assembly legislation on Exclusive and Concurrent List matters.
- State laws
- State assemblies legislate on Concurrent and Residual matters.
- Received English law
- Common law, doctrines of equity and statutes of general application pre-1900.
- Customary law
- Applied where not repugnant to natural justice, equity and good conscience.
- Sharia
- Personal status and, in twelve northern states, codified criminal provisions.
The legal profession
A fused profession: a law degree, the Nigerian Law School and call to the Bar admit a single legal practitioner who both advises and appears. Senior Advocate of Nigeria is the senior rank.
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