AN APPRAISAL OF THE FOUNDATIONAL PRINCIPLES OF THE NIGERIAN LEGAL SYSTEM AND IMPACT ON THE NIGERIAN CITIZENS
Abstract
TheNigerianlegalsystemiscomplexoneduetotheinteractionbetweenlocalcustoms,Islamiclaw, English law, international law, Nigerian case law, and Nigerian legislation. Nigeria’s federal structure adds a layer to this complexity because this implies that the federating states have their ownlawsandinstitutionsforthepromulgationandinterpretationofthelaw.Thevarioussourcesof law in Nigeria lead to the adoption of principles that are deeply rooted in the original source and are not associated with the other sources. This has led to the emergence of certain inalienable aspects of the Nigerian legal system that serve as its foundational principles. These foundational principles endure Nigeria’s federalist structure and apply to all the states of the federation. This work adopts a doctrinal approach involving historical analysis with the aim of unearthing some of these inalienable principles present in the Nigerian legal system and the problems that arise from the application of the principles. Some of the principles that this work established as the foundational principles of the Nigerian legal system include independence of the judiciary, the supremacy of the constitution, the adoption of an accusatorial or adversary system, a hierarchical court system, the adherence to a system of judicial precedence, the principle of natural justice and the uniformity and fusion of the legal profession. The major problem with the application of these principles do not stem from the principles themselves but from the abuse of the principles by powerful members of our society including government officials, political office holders andjudicial officers
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