Idehen,[6] the Supreme Court refused to apply the Wills Act of 1837 (a law of general application) because there was a local law; the Wills Law of Western Nigeria. Please, I did some research for my task and got stuck. Whether an English law is generally applicable in Nigeria is uncertain and controversial. Discuss. Thank you for your help. It should be noted that Nigeria, which gained independence in 1960, has only convincing authority over English law, as Nigeria is now a sovereign state and as such Nigerian law is supreme. Nigeria may not be governed by any other person except in accordance with the provisions of the Constitution. [5] I have been taught that olamide, in section 45 of the Interpretation Act, is an avid reader who believes that no knowledge is wasted. When he`s not surfing the web, he`s doing something else to get more information, whatever it may be.
Please, how will English law be relevant to Nigerian law after independence? Very beautiful. Please need your help with this question. England did not have a uniform legal system until 1066 AD. It was after the Norman Conquest in 1066 and the enthronement of William I that a reasonably organized judicial system was created. Until then, different parts of England had different customs applied by their native courts after being compiled by the Anglo-Saxon kings. Errant judges were sent by William I and administered the culture of the people and gained more judicial power over time. They met in Westminster and discussed the different customs they had encountered during their various trips. Good customs were agreed upon and praised, while bad ones were criticized, which slowly led to the development of the English common law system. Please I have a task here, I don`t know how to do it, “Land tenure system under English law received”I would appreciate if you can help.
What is received english law pls i have exams thank you Good day sir. Isn`t the English law of Receved a primary rather than persuasive authority? English laws extending to Nigeria refer to laws introduced directly by English law into Nigeria. This is different from the preserved English law introduced by Nigerian local legislation. Extended English law could be replaced either by laws such as the Acts of the U.K. Orders in Council of Parliament and the Prerogative may be made by the Crown for Lagos or by subsidiary legislation which includes Orders in Council issued under Acts of the Parliament of the United Kingdom. The expanded English laws that have the force of law are those passed before October 1, 1960, when Nigeria became an independent state. Although the Queen remained the ceremonial leader until 1963, legislative power over Nigeria could no longer be exercised. English law, which extends to Nigeria, is subject to Nigerian law, the limits of local jurisdiction, local conditions and formal oral changes. These laws can also be repealed by local laws since 1960. Since enactments after October 1, 1960 have no effect in Nigeria, extended laws are not repealed in Nigeria simply because they were repealed in England after October 1, 1960.
It should be noted that Nigeria, which gained independence in 1960, the English law received has only persuasive authority, as Nigeria is now a sovereign state and, as such, Nigerian law is supreme. Nigeria cannot be governed by any other person except in accordance with the provisions of the Constitution.[5] Another condition is that the Statute entered into force on 1 January 1900. It would not apply if it had been repealed in England before that date, and its repeal in England after that date does not cancel its application in Nigeria. The question has been raised as to what constitutes a law of general application. In other words, what kinds of laws can be said to be universally applicable in England? The inclusion clauses do not assist in this interpretation, and the courts have been left with the obligation. Osborne, C.J. attempted to formulate a test for determining whether or not a law was of general application in Attorney-General v. John Holt & Co. The English law received exists in various forms as follows. It was agreed that English law could not be applied in Nigeria in the same way as in England. Lord Denning agreed with this position when he stated that English law could not be expected to remain exactly as it is when applied in a foreign jurisdiction, as it would have to be amended to conform to that jurisdiction.
As a result, the English laws obtained are sometimes modified to better suit Nigerian jurisdiction. Please sir, can you explain all Nigerian sources of Pls Act I need current cases on the general status of application in Nigeria Please I have a task here I don`t know how to do it, “Land tenure system under English law received” I would appreciate if you can help. Have a nice day, sir. Isn`t the English law of Receved a primary rather than a persuasive authority? That is excellent, Mr Olamide. Keep up the good work. Secondly, sir, do you know if Nigeria is a signatory to HELLO SIR, PLEASE, HOW DOES SECTION 45(10) OF THE INTERPRETATIVE ACT REFER TO THE SOURCES OF NIGERIAN LAW? Although Nigeria is independent, the English legal system plays a major role. For example, section 32 of the Interpretation makes common law, equity and laws of general application applicable in Nigeria. Even if you look at the courts, English common law has a huge impact. Even the doctrine of judicial primacy testifies to the influence of English law. Please explain section 32 of the Interpretation Act Please, I need help! Can you please tell me about the controversy surrounding the English laws preserved in Nigeria? Very useful article sir.
I have a question: Has Parliament passed any legislation repealing the Purchasing Act of 1893 with respect to commercial law? It is clear from the foregoing that we inherited English common law, doctrines of justice and laws of general application before 1900. Most people already have an idea of what common law and justice are (otherwise, see Types and classifications of law). According to the Interpretation Act and the Rules of the Supreme Court, the laws of general application are those in force in England on January 1, 1900. Unfortunately, this definition is not sufficient. For this reason, the courts have explained in detail what is contained in laws of general application. Others, such as Mr. Nwabueze and Mr. Obilade, considered that the limitation was irrelevant because Nigerian courts should not be bound by foreign decisions.
The decisions of the English courts could only serve as convincing precedents. The only decisions that can be binding are the decisions of the English courts, which were part of the Nigerian judicial hierarchy when they were part of the Nigerian hierarchy. For example, while decisions of the Privy Council on appeal in Nigeria before 1963 are binding on courts below the Supreme Court, if they are not overturned, decisions of the House of Lords are not binding because it has never been part of the hierarchy of courts in the Nigerian legal system. It is very common for the legal systems of different countries to be influenced by other countries. This goes further and shows the universality of the law and the interdependence of individuals and societies. These laws are laws that were applicable in England and enacted in Nigeria by local legislation. It would be wrong to believe that the laws were passed by Nigerians with popular support, but by the colonial authorities charged with legislating for Nigeria. The reception was justified for a variety of reasons. One of these reasons was that the prevailing customary law was not suitable for non-natives, mainly English immigrants to Nigeria. Customary law was also inadequate for the development of business and commerce, and the English also regarded English law as domestic customary law. From the foregoing, it is clear that we have inherited English common law, doctrines of justice and laws of general application prior to 1900.
Most people already have an idea of what common law and justice are (otherwise, see Types and classifications of law).