Jurisprudential perspectives on the fountain of nigeria legal system

• Author: Lukman Alabi Ayinla
• Position: Faculty of Law University of Ilorin, Ilorin, Nigeria
• Pages: 15-24

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2019), pp. 15 - 24

15

JURISPRUDENTIAL PERSPECTIVES ON THE FOUNTAIN OF

NIGERIA LEGAL SYSTEM

L-A. AYINLA

Lukman Alabi AYINLA

Faculty of Law University of Ilorin, Ilorin, Nigeria

Ph.D, (IIUM, Malaysia), LL.M (OAU, Ile-Ife, Nigeria), BL. (Abuja, Nigeria), LL.B. (Combined

Hons., UDUS, Nigeria), Associate Professor (Reader) Faculty of Law, University of Ilorin, Ilorin,

Nigeria.

E-mail: lukmanayinla@gmail.com

ABSTRACT

The basis of the Nigerian legal system appears multi-faceted, the fact that the country

had contact with colonialism and the intervening military rule as against a truly democratic

arrangement bequeathed at the independence of the country are source of concern. The paper

adopts the doctrinal research method to attempt a critique of perspectives of the actual basis

of the Nigeria legal system. The paper looks at some relevant concepts, the fountain in term of

the grundnorm, customary law together with brief historical facts, and characteristic nature

of Nigeria legal system to interrogate some perspectives. The paper founds that the fountain

of the legal system is more of being jurisprudential in nature and concludes that the basis of

Nigerian legal system is multi-faceted but ultimately founded on the constitution.

KEYWORDS: Law, Jurisprudence, Custom, Nigeria Legal System

1.INTRODUCTION

The basis of the Nigerian legal system cannot be divorced from the idea of a legal

system. Foundation is the basis of which something is supported, founded on - having as a

basis.

1

Besides, legal connotes, of or relating to law, falling within the province of law.

2

A

system on the other hand, is described as considered principles or procedures of classification.

A legal system encapsulates the principles or procedures for the classification of laws,

procedures, including the principles and rules that have the force of law in a given

society.

3

Thus, the Nigeria legal system is an embodiment of the laws, courts, legal personal

and the totality of the administration of justice generally. The foundation or the fountain of

something may be argued to presuppose the basis, the fountain, or spring from which

anything rises from. However, it is argued by Asien

4

that the idea of a legal system comprises

of a legal order of normative rules. Okonkwo posited that the Nigeria legal system comprises

of the totality of the laws or legal rules and the legal machinery which obtain within Nigeria

as a sovereign and independent African country.

5

One may therefore conclude that the

foundation of Nigeria legal system is the basis / fountain of the laws, principles, procedures,

courts and the basis of the totality of the Nigerian administration of justice as known and

validated under the prior and present legal order in Nigeria.

2. PERSPECTIVES ON THE FOUNDATION AND CRITIQUE OF THE

GRUNDNORM

1

A. Bryan, Garner, ed., Black’s Law Dictionary, 9thedn., West Publishing Co mpany, US, 1990, p. 727

2

Ibid, p. 975

3

P. D. Mission, Nigerian Legal System, www.nigerianlawclaz.blogspot.com accessed 11th April, 2019

4

O. J. Asien, Introduction to Nigerian Legal System, 2ndedn., Ababa Press, Lagos, 200 5, p. 1

5

C. O. Okonkwo, ed., Introduction to Nigerian Law, Sweet & Maxwell, Lo ndon, 1980, p. 40