Lecture Guide For School Of Para-Legal Fundamental Principles Of Nigeria Law

1. Definition of law-sources of Nigeria law
2. Legal personality
3. Nigeria court system
4. The constitution
5. Contract law
6. Agency
7. Sales of goods
8. Hire purchaser
9. Nigeria criminal law
10. Human Rights
11. Legal aid
12. Derivative principles of public policy
13. National Youth  service corp

Definition of Law:-
Unfortunately law has no universally accepted definition.
Some see law as a command while others see law as a body of rules. There are still quite some who see law as the norms and values of a people. In the midst of all these definitions it will be most proper that we provide a definition of law.

Law maybe said to be a body of rules guiding the conduct of people laid down by the people through their representatives. This definition still recognized the tradition and customs or customary practices on a people.


Characteristics of Law:-
In as much as there seem to be no universally accepted definition of law, the various schools of law still agree on most point on the nature and characteristics of law.

I.  Cohesion :-
Law commands obedience through certain sanction.

II. Control :-
Law controls the conduct of a people .

III. Dynamism :-
The law is not static. It changes with time and attitude of the people.

IV. Body of Rules:-
Law embodies rules of human conduct.

V. Locality:-
Law relates to a particular locality. A particular law do  not extend to areas that are not concerned or affected by the enactment.

VI. Bindingness:-
Law binds members of the particular locality.


Functions of Law in the society

• Law maintains peace, order and relative stability in the society.
• Law facilitates business activities and private planning.
• Law helps to provide some degree of freedom that would otherwise not be possible.
• Law is an instrument of social change.
• Law helps to safeguard certain contracts and conducts and give them validity.

Sources of Nigerian Law
1.Nigeria legislation
2.English law
I. Common law
II. Doctrines of Equity
III. Statutes of general application
B. English law extending to Nigeria
3.Customary law


Juridical precedent
Ratio decidendi
Obita dictum


Administration of justice in Nigeria

• Supreme Court
• Federal court of Appeal
• Federal high court
• State high court
• Customary / Sharia courts of Appeal
• Magistrate courts/Area courts

Special court and Tribunals

• Juvenile court
• Election petition tribunal
• Industrial court

Legal personality
Accordance of the status of a person to groups other than human beings. Person accorded some rights and duties of a natural person.

The Constitution:-
The basic law of Nigeria. From where other laws derive their validity.


Law of contract:-
A contract is an agreement that creates and obligation binding upon the parties thereto.


Essentials of a valid contact:-

• Offer and acceptance
• A legal consideration
• Capacity to contract
• Absence of grand or duress
• A subject matter that do not illegal or against public policy.

Breach of contract:-
In case of breach a person can:

• Rescind the contract
• Sue for damages
• Sue for injunction or specific performances

Agency:-
A voluntary relationship between two parties whereby one, the agent is authorized by express or implied consent to act on behalf of the other, called  the principal. Qui facite per alum facit per se


Types of agency:-

• Express or implied appointment 
• Agency by estoppel
• Agency by ratification of law
• Agency of implication of law
• Agency presumed from cohabitation

Sales of goods
Sources: Sale of Goods Act LFN 2007 and Rules of common Law.
Contract whereby the seller transfer or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
Nemo dat quod non habet.


Term of the contract

• Conditions: The other can repudiate on breach
• Warranties: other party can only sue for damages

Duties of the seller

• Duty to deliver Goods at the right time.
• Duty to pass a good title.
• Duty to supply goods of the right quality.

Duties of The Buyer

• Duty to pay the price
• Duty to accept the goods

Hire-purchase
Hire purchase Act LFN 2007

Definition :-
A contract, of hire with an option to purchase under which the owner of the chattel undertakes to sell it to, or that it shall become the property of the hirer conditionally on his making certain number of payment, however, no property in the chattel passes.

Obligations of the owner

• Duty to make a delivery of the goods (common law).
• Duty to possess a good title.
• Duty to ensure fitness of the purpose.

Obligations of the hirer

• Duty to take delivery.
• Duty to custody and care of goods.
• Re-delivery of goods to the owner.

Nigerian Criminal Law
Laws checking crimes in Nigeria.
E.g: criminal code/penal code.
Police Act, EFCC Act, criminal procedures Act. Other laws criminalization certain acts or omissions.

Human Rights
Chapter 4 1999 constitution as Amended other UN agreements.

Derivative principles of public policy
Chapter two of 1999 constitution of Federal Republic of Nigeria (as amended).
Non justiciable .

Legal Aid
Help for speedy attainment of justice by the assistance of the law.
Legal practitioners Act.
Ministry of justice.

National Youth Service
A scheme that ensures compulsory one year service to the nation by every university graduate or higher diploma graduate in Nigeria.
Exceptions:-

• Anybody above 30 years as at the time of graduation.
• Anybody that has served in the military or police or its equivalent for a period of at least 9months.

A summary of United Nations agreements on Human Rights.

• Universal declaration of human rights.
• Covenant on civil and political rights.

This covenant details the basic civil and political rights of individuals and nations. Among the rights of nations are:

• The right to self determination.
• The right to own, trade and dispose of their property freely, and not be deprived of their means of subsistence.

Rights of individuals

• Right to legal recourse when their rights have was violated, even if violator was acting in an official capacity.
• Right to life.
• Right to liberty and freedom of movement.
• Right to equality before the law.
• Right to presumption of innocence till proven guilty.
• Right to be recognized as a person before the law.
• Right to privacy and protection of that privacy by law.
• Freedom of opinion and expression
• Freedom of assembly and association.
• Covenant on economics, social and cultural rights 

This covenant describe the basic economics social and cultural rights of individuals and nations, including the right to

• Self determination.
• Wages sufficient to support a minimum standard of living.
• Equal opportunity for advancement.
• Form trade unions.
• Strive.
• Paid or otherwise compensated materiality leave.
• Free primary education and accessible education at all levels.
• Copyright l, patent and trademark protection for intellectual property.

The convention forbids exploitation of children. Requires all nations to co-operate to bend world hunger.

Convention against genocide.
I.Bans acts committed with the intent to destroy, in whole or in part a national, ethic, racial or religious group.
II.It declares genocide a crime under international law whether committed during war or perceive.

• Convention against torture.
• Convention on elimination of discrimination against women.
• Charter of the United Nations.
• African charter on human and peoples right