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Politics of Nigeria

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Through Constitution, Government and Citizenship

Nigerian politics take place within a framework of a federal and presidential republic and a representative democracy, in which the president holds executive power. Legislative power is held by the federal government and the two chambers of the legislature: the House of Representatives and the Senate. The legislative arm of Nigeria is responsible for and possesses powers to legislate laws. Together, the two chambers form the law-making body in Nigeria, called the National Assembly, which serves as a check on the executive arm of government. The National Assembly of Nigeria (NASS) is the democratically elected body that represents the interests of the Federal Republic of Nigeria and its people, makes laws for Nigeria, and holds the Government of Nigeria to account. The National Assembly (NASS) is the nation's highest legislature, whose power to make laws is summarized in chapter one, section four of the 1999 Nigerian Constitution. Sections 47–49 of the 1999 Constitution state, among other things, that "There shall be a National Assembly (NASS) for the federation which shall consist of two chambers: the Senate and the House of Representatives." The Economist Intelligence Unit rated Nigeria a "hybrid regime" in 2019. The federal government, state, and local governments of Nigeria aim to work cooperatively to govern the nation and its people. Nigeria became a member of the British Commonwealth upon its independence from British colonial rule on 1 October 1960.

The law of Nigeria is based on the rule of law, the independence of the judiciary, and British common law (due to the long history of British colonial influence). The common law in the legal system is similar to common-law systems used in England and Wales and other Commonwealth countries. The constitutional framework for the legal system is provided by the Constitution of Nigeria.

The major influences on Nigeria's legal system are:

  • English law, derived from its colonial past with Britain: Nigeria belongs to the common law family. This is because English law makes up a substantial part of the Nigerian law. Nigeria, though now a sovereign nation, was once under British rule. Upon gaining independence in 1960, numerous English laws were copied, and most of the laws have since been repealed in England. Nigeria also adopted all laws that were in force in England on 1 January 1900.
  • Common law, case law has developed since colonial independence; common law can be defined as that unwritten body of laws based on judicial precedents. For unusual and irregular occurring cases where the result can in no way be resolved by the basis of current laws or written law regulations, common law guides the decision-making process.
  • Customary law, which is derived from Indigenous traditional norms and practices. In Nigeria, customary law can be divided, in terms of nature, into two different classes, which are the ethnic or non-Muslim customary law and the Muslim law (Sharia). The ethnic customary law in Nigeria is Indigenous, and this system of customary law applies and is valid to members of a specific ethnic group. Muslim law is a religious law that is solely based on the Muslim faith and applies to the members of such faith. In the nation of Nigeria, it is not an indigenous law; it is a received customary law introduced into the country as part of Islam.
  • Sharia law, law used in some states in the northern region. In two principal respects the sharia law greatly differs from Western systems of law. Sharia law possesses a much wider scope, since it regulates the individual's relationship, not only with his or her neighbors and the state, which is perceived as the limit of most other legal systems, but also with God and with the individual's own conscience. Ritual practices—such as daily prayers (ṣalāt), almsgiving (zakāt), fasting (ṣawm), and pilgrimage (hajj)—are an integral part of sharia law and usually occupy the first chapters in legal manuals. The sharia is concerned as much with ethical standards as with legal rules, indicating not only what an individual is entitled, or bound to do in law, but also what one ought, in conscience, to do, or to refrain from doing.

Legislation as a source of Nigerian law

The two fundamental sources of Nigerian law through legislation are:

(1) Acts of British parliament, popularly referred to as statutes of general application during the period before independence.

(2) Local legislation (comprising enactments of the Nigerian legislatures from colonial period to date). There were other sources which, though subsumed in Nigerian legislations, were distinctly imported into the Nigerian legal systems. They are called the criminal and penal codes of Nigeria.

Nigerian statutes as sources of Nigerian law

Nigerian legislation may be classified as follows: The colonial era until 1960, post-independence legislation 1960–1966, the military era 1966–1999.

Post-independence legislation 1960–1966

The grant of independence to Nigeria was a milestone in the political history of the country. This period witnessed the consolidation of political gains made during the colonial era. Politicians genuinely focused their lapses on the polity. It achieved for herself a republican status by shaking off the last vestiges of colonial authority. However, despite the violent violation of its provisions, the constitution remained the subsequent administrations (military or otherwise).

Military regime, 1966–1999

The Armed Forces of Nigeria assumed the rulership of Nigeria from 1966–1979 and 1983–1999. The breakdown of law and order which occurred in the period under review would not be attributed to any defect in the Nigerian legal system. Corrupt practices both in the body politics and all aspects of Nigerian life eroded efficiency and progress. There were eight coups generally; five were successful and three were unsuccessful.

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