PRINCIPLES OF LAW 1

TOPIC I: COMPOSITION OF THE LEGAL SYSTEM IN NIGERIA

Definition of Law
Law can be defined in several different ways depending on the context which it
is being referred to. In the context of science, law can be defined as a scientific
rule that explains a particular natural process; in economics, it could refer to the
behavioral patterns or economic tendencies which relate to the production,
distribution and consumption of goods and services; in sociology law can be
defined as a social phenomenon that reflects the values, beliefs, and interests of
a society or a group. There are almost as many definitions of law as there are
fields of study.
Even in the context of a legal system, no one definition of law exists. Herman
Max Gluckman (Barotse Jurisprudence, 1965) defined it as “the whole reservoir
of rules on which judges draw for their decisions”, H.L.A Hart (The Concept of
Law, 1961) defined it as, “the union of primary rules of obligation and
secondary rules of recognition, change, and adjudication.” Generally speaking,
in a legal context, law can be defined as a set of rules that govern human
conduct in a given territory, which are made by a legitimate authority,
recognized by the people, and enforced by the state. (Kenneth Ng’ang’a
Njiri, Definition of Law 2020).
Importance of Law to a Society
Laws acts as codes of conduct in a society, they are important to the
adhesiveness and sustainability of civil society. Any society whose laws are no
longer adhered to will inevitably fall into a state of anarchy; civilization cannot
operate smoothly without laws. Several key roles law play in the society are:
1. It serves as the standard for acceptable behaviors in society: At its most
fundamental level, law is about resolving disputes. When making rules,
communities must consider what causes disagreements and codify into
laws, what is to be considered as acceptable or unacceptable behavior.
2. Laws provide access to justice in society: Justice is equitable in and ideal
world, and the law when applied correctly aims to ensure that there is
equality of treatment and that everybody in society should have access to
the legal system.
3. Law protect the most vulnerable in society: Many laws have been enacted
to safeguard distinct groups of individuals. The Constitution ensures that

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 individuals are protected from discrimination on the basis of ethnicity,
place of origin, sex, religion, political opinion or disability. This serves to
prevent the oppression of vulnerable people groups.
4. Laws are important to maintain peace in society: Laws are necessary
tools for peacekeeping, not only do they establish rules to prohibit and
prevent violent conflicts, they create mechanisms to maintain those
safeguards and secure life and property. If detrimental habits are allowed
to thrive without intervention societal life would become extremely
difficult and unsustainable.
5. Laws are important for social progress in society: Laws, like cultures,
would become stale if they remained unchanged. Laws have been used to
effect change throughout history. Issues such enslavement, segregation,
racism and various other forms of discrimination were all prohibited
through change in the law.
6. Laws prescribe the sovereignty of each State, safeguards each against
external attacks, and allows measures necessary for the protection of its
citizens.
7. Law promotes socio-cultural development by contributing to the
advancement of workers welfare, education and general living conditions
of the people.
Types and Hierarchy of Courts
There are various types of courts in Nigeria. They can generally be grouped into
3 classes namely; superior courts, inferior courts and the specialized courts.
Superior Courts
These are also known as superior court of record and generally refer to courts
established under the 1999 Constitution of the Federal Republic of Nigeria (as
amended). They are the higher-level courts that hold more authority and
jurisdiction compared to lower courts. These courts include:
1. The Supreme Courts
2. The Court of Appeal
3. The Federal High Court
4. The High Court of the FCT
5. The State High Court
6. The Sharia Court of Appeal FCT
7. The Sharia Court of Appeal
8. The Customary Court of Appeal FCT
9. The Customary Court of Appeal

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 10.The National Industrial Court
11.Court Martial
Inferior Courts
These refer to court which are not established by the Constitution, they are
typically established the various state laws. They include:
1. The Magistrate Courts
2. The District Courts
3. Area Courts
4. Customary Courts
5. Sharia/Islamic Courts
Specialized Courts
Other types of courts include:
1. The Coroner’s Court
2. Rent Tribunal
3. Juvenile Court
4. Family or Welfare Courts
Hierarchy of Courts
Hierarchy of courts is a system of organizing courts according to their level of
authority and jurisdiction. It refers to the arrangement of courts in the
method through which appeal flows. Hierarchy of courts is necessary for
appeals and the principle of judicial precedent.
Appeals refer to the process by which a party dissatisfied with a decision made
by a lower court or tribunal asks a higher court for a review and reconsideration
of the decision of the lower court. The arrangement of courts in a hierarchy aids
a dissatisfied party to know which court to make his appeal to.
Judicial precedent refers to the legal principle that decisions made by higher
courts in previous cases become binding on lower courts for future cases with
similar legal issues. When a higher court establishes a legal principle or
interpretation in a specific case, that decision serves as a guideline for lower
courts to follow when faced with similar situations.

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 SUPREME COURT

COURT OF APPEAL

FEDERAL HIGH STATE SHARIA SHARIA COURT CUSTOMARY

HIGH COURT FCT HIGH COURT OF OF APPEAL COURT OF
COURT COURT APPEAL FCT STATE APPEAL FCT

CUSTOMARY NATIONAL COURT

COURT OF INDUSTIRAL MARTIAL
APPEAL STATE COURT
COURTS OF COORDINATE
JURISDICTION

Visual diagram of the Hierarchy of Courts in Nigeria

As illustrated, the Supreme Court is the apex court in the Nigerian legal system
and no appeals can be made after its decisions. The next court in the hierarchy is
the Court of Appeal, appeals are made from this court to the Supreme Court.
Finally, we have the courts of coordinate jurisdiction which range from the
federal high court to the court martial. These are referred to as courts of
coordinate jurisdiction because each of these court have equal jurisdiction and
operate independently of each other, their decision are not binding on one
another.
It should be noted that appeals from inferior courts such as Magistrate Courts,
will always be made to one of the Courts of Coordinate jurisdiction.
Tribunals and Arbitration Bodies
Tribunals are specialized legal bodies or quasi-judicial institutions established to
adjudicate specific types of disputes or matters outside the regular court system.
They are typically established when necessary or an ad-hoc basis. Examples
include, the Code of Conduct Tribunal, the Election Petition Tribunals, the Tax
Appeal Tribunal, the Investment and Securities Tribunal.
Arbitration is an alternative dispute resolution method (i.e. a method of
resolving disputes outside of the court system) where parties involved in a
conflict agree to submit their dispute to a neutral third party known as an

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arbitrator or a panel of arbitrators. The arbitration body is the independent
organization or institution that provides a framework for the resolution of
disputes through arbitration. Examples of some arbitration bodies in Nigeria
include: The Lagos Court of Arbitration, the Lagos Chamber of Commerce and
International Arbitration Centre, the International Centre for Arbitration and
Mediation Abuja, etc.
Jurisdiction of Various Courts, Tribunals and Arbitration Bodies.
Jurisdiction refers to the legal authority and power of a court or other legal body
to hear and decide a case. As regards the various courts, we will examine the
subject-matter jurisdiction of those courts i.e. the authority of a court to hear
cases of a specific type or issue.
The Supreme Court
The jurisdiction of the Supreme court is two fold: its original and appellate
jurisdiction. Original jurisdiction refers or the power or authority of a court to
hear and decide a case for the first time rather than on appeal from a lower
court. Appellate jurisdiction refers to the authority of a court to review and
potentially overturn decisions made by lower courts or tribunals.
The original jurisdiction of the Supreme Court is provided for under section
232(1) of the 1999 Constitution and section 1(1) of the Supreme Court
(Additional Original Jurisdiction) Act 2002. By these provisions the Supreme
Court has original jurisdiction to the exclusion of all other courts in:
1. Any dispute between the Federation and a state,
2. Any dispute between states,
3. Any dispute between the National Assembly and the President of the
Federation,
4. Any dispute between the National Assembly and a State House of
Assembly; and
5. Any dispute between the National Assembly and a State Government.
On the other hand, the Supreme Court exercises its appellate jurisdiction to the
exclusion of every other court in respect of appeals from the Court of Appeal.
Court of Appeal
The Court of Appeal has its original jurisdiction provided for in section 239 of
the 1999 Constitution (as amended). It provides that the Court of Appeal has
original jurisdiction to hear and determine any question as to whether:

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 1. Any person has been validly elected to the office of President or Vice-
President;
2. The term of office of the President or Vice-President has ceased; or
3. The office of President or Vice-President has become vacant.
The appellate jurisdiction of the Court of Appeal in respect of appeals arising
from the Courts of Coordinate jurisdiction. It also has appellate jurisdiction over
appeals from various tribunals such as the Code of Conduct Tribunal, National
Assembly Election Tribunal, Governorship Election Tribunal and Legislative
Housse of Assembly Election Tribunal.
The Federal High Court
The original jurisdiction of the Federal High Court is provided in section 251 of
the 1999 Constitution (as amended). Broadly speaking it jurisdiction covers
issues ranging from civil disputes involving:
1. The revenue of the federal government, where one of the parties suing or
being sued is either the federal government or an organ of the federal
government.
2. The taxation of companies and other bodies established or carrying on
business in Nigeria as well as all other persons subject to federal taxation.
3. Issues relating to customs and excise duties as well as export duties.
4. Any action between one bank and another, or any action by or against the
Central Bank of Nigeria.
5. Citizenship, naturalization and deportation who are not citizens of
Nigeria. This ranges from issues such as extradition, immigration into and
emigration from Nigeria, passport and visas.
6. Issues involving bankruptcy and insolvency.
7. Aviation and safety of aircraft.
8. Issue relating to admiralty jurisdiction, shipping and navigation on the
River Niger or River Benue and other inland water way, as well as
Federal ports and carriage by sea.
9. Arms, ammunition and explosives.
10.Drugs and poisons
11.Mines and minerals (including oils fields, mining, geological surveys and
natural gas)
12.Operation of the Companies and Allied Matters Act
13.Any Federal law relating to copyright, patents, designs trademarks,
passing off, industrial designs and merchandise marks, business names
commodities and industrial standards.

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These are only a few of the subject matters captured under section 251 of the
Constitution.
It should be noted that the Federal High Court has concurrent jurisdiction with
the State High Court to hear certain matters. Concurrent jurisdiction refers to a
situation where two or more courts have the authority to hear and decide a case
involving the same subject matter. The areas where both the Federal High Court
and State High Courts share jurisdiction are:
1. Enforcement of Fundamental Human Rights;
2. Reference of questions as to the interpretation of the constitution; and
3. Matters arising from a banker-customer relationship.
The appellate jurisdiction is stated in section 28 of the Federal High Court Act
which provides the court appellate jurisdiction in:
1. Decisions of Appeal Commissioners established under the Companies
Income Tax and Personal Income Tax Act;
2. Decisions of Customs, Immigration and Prison Services Board;
3. Decisions of Magistrates’ Courts in respect of matters transferred to such
courts pursuant to the Act;
4. Decisions of any other body established by or under any Federal law in
respect of matters concerning which jurisdiction is conferred by the Act.
State High Court
A State High Court has both original and appellate jurisdiction. The High
Court of a State can assume jurisdiction over any civil proceedings. The
jurisdiction is however limited by subject matters which are under the exclusive
jurisdiction of other courts.
The High Courts have appellate jurisdiction over Magistrate Courts,
Customary Courts, Area Courts, District Courts and Juvenile Courts.
Sharia Court of Appeal of the Federal Capital Territory/various States
The Sharia Cout of Appeal only has appellate jurisdiction, it does not have any
original jurisdiction. Its jurisdiction involves appeals in civil proceedings
involving questions of Islamic Personal Law. This is provided for in section
262(2) of the 1999 Constitution (as amended).
Customary Court of Appeal of the Federal Capital Territory/various States
Similar to the Sharia Court of Appeal, the Customary Court of Appeal not have
any original jurisdiction. It only has appellate jurisdiction in respect of
appeals in civil proceedings involving questions of customary law.
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National Industrial Court
The jurisdiction of the National Industrial Court relates to civil matters
involving labour, employment, trade unions and industrial disputes.
Magistrate Court
The civil jurisdiction of a Magistrate’s Court varies from state to state
depending on the law applicable to that state. In Lagos State, the civil
jurisdiction of the Magistrate Court is provided for in section 17 of the
Magistrate Court Law (2009). By the same provision the magistrate court in
Lagos has jurisdiction in the following cases among various other:
1. All personal actions whether arising from contract or from tort or from
both where the debt or damages claimed is not more than N10,000,000.
2. Actions between landlords and tenants for possession of any land claimed
under an agreement or refused to be delivered up where the annual rental
value does not exceed N10,000,000
3. Action for the recovery of any penalty, rates, expenses, contribution or
like demand if the amount does not exceed N10,000,000.
District Court
In Northern Nigeria, when Magistrate courts sit over civil matters they are
referred to as District Courts. Similarly their jurisdiction depends on the law
applicable to that particular state.
Juvenile Court
The Juvenile Court exists to hear charges or criminal cases against children and
young people. The Juvenile court has a different procedure from the regular
courts. Court hearings are had in a different room or building from that in which
courts for adults are held or on different days. Juvenile offenders are also not
referred to as “accused” rather they are called “delinquents”.
The function of the Juvenile Court include the following:
1. To deal with juvenile delinquents other than those charged with
homicide/murder;
2. To hear application in respect of children and young persons in need of
care or protection, beyond parental control and in truancy cases;
3. To deal with applications for adoption of children where the law of a state
so provides

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The Coroner’s Court
A coroner is a person empowered to hold an inquest or make inquiries on the
body of a deceased person, who appears to have died a violent or an unnatural
death or on the body of a deceased person belonging to any other class,
specified by the appropriate Coroner’s Law. The Coroner holds an inquest when
a person has died:
1. A violent or unnatural death;
2. A sudden death of which the cause is unknown; and
3. In confinement in a lunatic asylum, prison or police custody.
Court Martial
The Court Martial are military courts set up to try violations of military law by
persons who are subject to the jurisdiction of the court i.e. military personnel.
Examples of those subject to the jurisdiction of the court are the Nigerian Army,
the Nigerian Navy and the Nigerian Air Force.
Various Personnel of the Court & their Positions in the Hierarchy of
Courts
The various personnel of the courts and their positions in the judicial hierarchy
are as follows:
The Judge
A judge is the most important personnel of the court. He is the unbiased umpire
who is saddled with the responsibility of determining the cases brought before
the court. The judge has the duty to oversee legal proceedings by ensuring that
they follow the dictates of the law. It is the duty of the judge to determine cases
that are brought before him impartially in accordance with established legal
principles. Judges of inferior courts are duty bound to follow decisions of
superior courts where the facts are similar, in accordance with the doctrine of
judicial precedent.
The Lawyer
A lawyer is an advocate before the court. The primary duty of a lawyer is to
present the case of a litigant before the court. The lawyer argues the clients’
case before the court and ensures that the case of the client is conducted within
the framework of the law. It is the duty of the court to assist the court in
administering justice without fear or favour, affection or ill-will.
The Court Registrar

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The registrar prepares and signs the cause list. He accepts adjournment letters
and other correspondents coming from counsel to the court. The registrar
ensures that processes filed comply with statutory forms. He acts as a middle
man between counsel and court.
The Court Clerk
The court clerk keeps exhibits and produces them when needed. He/she reads
out the charge to the accused. The court clerk calls out the cases before the
court. They also ensures that dates do not conflict in the court register. The court
clerk administers the witness’ oath and in most cases acts as interpreter where
the occasion demands.
The Police Oddly
The police oddly maintains order in court by ensuring that people conduct
themselves properly. A police oddly also signals the arrival of the judge. In most
cases, the police oddly enforces an order of court committing a person for
contempt of court.
Settings of Courts
A court of law may be easily identified by the following features:
The Bench
This is the elevated podium in front of the court room where the residing judge
or magistrate sits to dispense justice. The term is also used to denote the court in
its official capacity. A comment coming from a judge is said to emanate from
the Bench. Where there is more than one judge sitting, all of them are
collectively referred to as the bench.
The Registrar’s Desk
Directly below the bench and before it is the registrar’s table. The registrar sits
along with the court clerks or other clerical assistants. The registrar normally
backs the judge and only stands up to face the judge when his attention is
required by the judge or when he is presenting a document before the court.
The Bar
When used in relation to the court room, the bar refers to that part of the court
room where lawyers who are in court to transact legal business normally sit.
The bar is arranged facing the registrar’s desk and the Bench. The Bar is usually
located between the registrar’s desk and the gallery. In a superior court, a lawyer
is not allowed to sit at the Bar if he is not robbed. The front row of the bar is

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usually reserved for Senior Advocates of Nigeria, members of the Body of
Benchers and the Attorney Generals. It is called the Inner Bar, the rest of the
designated are for lawyers is known as the Outer Bar. In magistrate courts
where police prosecutors operate, there is a demarcation between them and the
bar.
The Gallery
When used in relation to a courtroom, the gallery refers to the part of the
courtroom where litigants, spectators and all other persons who are visitors to
the court usually sit. Even lawyers who have no matter in court or who are
otherwise unrobed sit here.
The Dock
When used in relation to a criminal court, the word ‘dock’, refers to that
enclosed part of the courtroom where the accused person is placed during his
trial. Unless the court directs otherwise, the accused usually stands in the dock,
exclusively reserved for him.
The Witness Box
This term when used in relation to a courtroom refers to the part of the court
where a witness is placed to testify. Like the dock, it is usually a boxed area
although it is understandably smaller than the dock. It is also known as the
witness stand. It is usually located between the bar and the bench so that the
bench and the lawyers can look at the witness when he is testifying. There is no
rule as to which side of the judge it is located.
Organization of the Legal Profession in Nigeria
The practice of law in Nigeria is older than many of the other professions in the
country. The legal profession in Nigeria comprises of lawyers and judges. These
two constitute the ministers in the temple of justice. In other words, the legal
profession in Nigeria is made up of the Bar and the Bench. The Bar refers to
legal practitioners while the Bench refers to the members of the judicial arm of
government.
Section 24 The Legal Practitioners' Act, defines a "Legal Practitioner" as "a
person entitled in accordance with the Legal Practitioners Act to practice as a
barrister and solicitor either generally or for the purpose of any particular office
or in essence", an individual may be entitled to practice in any area of the law in
any court or he may be entitled to practice only for the purpose of a particular
office or for the purpose of a particular proceeding. In Nigeria, a lawyer is
someone who has been called to the Nigerian Bar. Individual lawyers have a
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duty to their clients to do everything necessary to protect their rights under the
existing legal regime. In Nigeria a person is entitled to practice as a Barrister
and Solicitor, since legal practice in Nigeria, unlike the position in England, is
fused.
The Nigerian Bar Association
The Nigerian Bar Association (NBA) is recognised by statute as far back as
1933 when the Legal Practitioners Ordinance of that year provided for the
nomination of Members of the Association as Members of the Legal
Practitioners Committee. However, it was not until 1959 that NBA became
organised in its present national form under the Legal Practitioners Act, 1962
which makes provision for its sustenance. The Supreme authority of the
Association is vested in the Annual General Conference or an Emergency
General Meeting of the Association (See Section 5 of the Nigerian Bar
Association (NBA) Constitution 2001).
Every person duly enrolled as a legal practitioner in Nigeria is a Member of the
The Nigerian Bar Association (NBA). However, there are two categories of
membership by virtue of Article 3 of The Nigerian Bar Association (NBA)
Constitution, which are –
1. Full membership; and
2. Honorary membership.
Those enrolled as legal practitioners are full members whereas honorary
members are members of the legal profession within or outside Nigeria
admitted as such by the Annual General Conference on the recommendation of
the National Executive Committee, and they include serving and retired Judges
and Magistrates.
The aims and objectives The Nigerian Bar Association (NBA) include–
1. Maintenance of the honour and independence of the Bar;
2. Defence of the Bar and its relation with the Judiciary and the Executive;
3. Promotion and advancement of Legal Education, continuing Legal
Education, advocacy and Jurisprudence;
4. Improvement of the system of administration of justice, its procedures,
arrangement of Court business and regular law reporting;
5. Encouragement of the establishment and maintenance of a system of legal
aid;
6. Promotion of law reform;
7. Maintenance of the highest standards of professional conduct, etiquette
and discipline;
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 8. Promotion of good relation among the members of the Association and
between them and lawyers of other countries;
9. Promotion of co-operation between the Association and other National or
International Law Organisations and such other bodies as may be
approved by the National Executive Committee;
10.Encouragement and protection of the public‟s right of access to the court;
11.Encouragements of the establishment of a National Law Library;
12.Promotion of the rule of law, protection of fundamental liberties,
independence of the judiciary; and,
13.Protection and aiding of newly qualified, incapacitated and aged members
of the Association.
The Legal Aid Council
The Legal Aid Council is an agency of the Federal Government situated in each
state capital. It was established by Legal Aid Council Decree No. 56 of 1976.
The Council is regulated by the Legal Aid Act of 1976, which is an Act to
provide for the establishment of the Legal Aid Council, which is responsible for
the operation of a scheme for the grant of free legal aid in certain proceedings to
persons with inadequate resources.
Government enacted a Legal Aid Act, 1976 which established a Legal Aid
Council and charged it with the responsibility for the operation of the Scheme
for the grant of free legal aid to persons with inadequate resources. In some
cases persons of moderate means may be granted legal aid but such persons
may be required to contribute towards the legal expenses so incurred or to be
incurred.
In Nigeria, Legal Aid is commonly made available to several categories of
persons which include:
1. Low-income earners, whose disposable income or capital fall within the
financial limit prescribed by the legal aid Statute;
2. Indigent persons;
3. Disabled persons who have no visible or reasonable means of livelihood;
and
4. Other incapacitated persons, such as, prisoners, detainees, other kinds of
inmates, such as inmate of a lunatic asylum, destitute, financially
stranded immigrants and other persons who by reason of their
circumstances have no earnings or are not earning a reasonable income.

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The scope of legal services usually provided by government through the Legal
Aid Council and by non-governmental organizations and individual legal
practitioners includes:
1. Legal advice or counselling;
2. Legal representation in criminal and civil proceedings; and
3. Other Legal assistance as may be necessary.

TOPIC II: CONSTITUTIONAL LAW AND THE SEPERATION OF

POWERS
Definition of Constitution
A constitution is the fundamental and supreme law of a nation or state that
establishes the framework for the government, defines the distribution of
powers among different branches, and outlines the rights and responsibilities of
citizens. It is the Grundnorm (basic law) of a country, this means that a
constitution serves as the source of authority for every law in that legal system.
Constitutional Law Concepts
Constitutional law encompasses various important concepts that are
fundamental to understanding how a country’s legal and political system
operates. Some key constitutional law concepts include:
1. Constitution: This is the supreme law of a country that establishes the
framework for the government, defines the powers and rights of different
entities, and outlines the rights and responsibilities of citizens.
2. Separation of Powers: This refers to the division of government into
three separate and independent branches of government, typically- the
legislative, executive, and judicial- to prevent the concentration of power
and ensure a system of checks and balances.
3. Checks and balances: This is a system where each branch of government
has some measure of influence over the other branches and may choose to
block procedures of the other branches.
4. Federalism: It refers to the division of powers between the central
government and the regional government. This division is often outlined
in the Constitution. In Nigeria power is divided between the Federal
Government (central government) and the States and Local Government
(regional government).

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 5. Judicial Review: This is the power of the judiciary to review and
potentially invalidate laws or actions of the executive and legislative
branches if they are found to be unconstitutional.
6. Rule of Law: This is the fundamental legal and political principle that
embodies the idea that all individuals and institutions, including
government and its officials, are accountable to and governed by laws
that are applied consistently and fairly. It refers where the law of a
country is supreme over and above all individuals, irrespective of their
positions.
7. Due Process: This is the legal requirement that the government must
respect all legal rights owed to a person, ensuring fairness and preventing
arbitrary actions.
8. Fundamental Rights: This refers to the rights and freedoms guaranteed to
citizens under the Constitution. It serves as an essential safeguard for
citizens.
These concepts are foundational in Constitutional law and play a critical role in
shaping the legal and political systems of a country.
Various Organs of the State
Under the 1999 Constitution of the Federal Republic of Nigeria, there are three
organs of the state, these are often referred to as the three arms of government,
they are; the executive, the legislature and the judiciary.
The Legislature: The legislature organ consists of the National Assembly at the
Federal (central level) and the various Houses of Assembly at the State (regional
level). This is because Nigeria operates a federal system of government. The
National Assembly operates as a bicameral body composed of two houses: the
Senate and the House of Assembly. The Senate has 109 members, being 3 from
each state and 1 from the Federal Capital Territory, while the House of
Representatives has 360 members, representing constituencies of roughly equal
population. At the regional level, a unicameral body of only the House of
Assembly exists. The primary function of this body is the creation of laws for
the peace, order and good of the government. It also has the powers to approve
the budget, impeach the president, confirm appointments and oversee the
executive.
The Executive: The executive organ consists of the president, the vice-
president, the ministers and other officials at the Federal level and the Governor,
deputy governor, commissioners and other state officials at the State level.
According to the Constitution, executive power is vested in the President at the

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Federal level, and the Governor at the state level; they in turn have the right to
delegate some of their powers to other officials who form the executive cabinets
e.g. ministers and commissioners. The President functions as the head of state
and head of government; this means that he is responsible for both ceremonial
duties of the head of state, which typically involve a representative role for the
state both at home and abroad, and the administrative duties of the head of
government, which involve the administration of the government. The primary
responsibility of this organ is the implementation of the laws made by the
legislature.
The Judiciary: This organ consists of the courts and the judges who interpret
and apply the laws and the constitution. The judiciary is independent of the
executive and the legislature and is headed by the Chief Justice of Nigeria. The
Supreme Court is the highest court in the land and has the final say on
constitutional matters. The Court of Appeal follows in the hierarchy and hears
appeals from the various Courts of Coordinate Jurisdiction. The primary
responsibility of this organ is the interpretation of the laws made by the
legislature and the adjudication of disputes.
These various organs are designed to ensure the separation of powers, the rule
of law and the protection of the rights and interests of the people.
Possible Abuses of Power Conferred on the Organs of Government
Abuses of power by the various arms of government can undermine the
principles of democracy, the rule of law, and the protection of citizens’ rights
and liberties. These abuses can occur in the executive, legislative and judicial
branches of government. Some possible abuses of power by each branch:
The executive arm may abuse its power by becoming authoritarian. In this
situation the executive can overstep its authority and concentrate power, thereby
undermining democratic checks and balances. It may use its authority to
interfere with the independence of the legislature, and the judiciary, such as by
influencing their appointments, budgets, and decisions. They may also use their
power to suppress dissent, violate human rights and engage in corruption and
nepotism. Abuse of executive orders and emergency powers are some of the
excesses that may occur as a result of abuse of by this branch of government.
The legislature may abuse its power by passing laws that are unconstitutional,
discriminatory, or oppressive. It could enact laws that infringe upon citizens’
rights. The legislature may also use its powers to attempt to impeach the
president or governor without following due process or for political reasons.

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Unaccountable spending and corruption are also symptoms of abuse of power
by the legislature.
The judiciary may abuse its power by delivering judgments that are biased,
unfair, or influenced by external factors, such as bribery, intimidation, or
political pressure. They may also delay or deny justice to protect the interests of
the powerful and undermine the rule of law. Judicial activism, where judges use
their positions to advance personal or political agendas rather than interpreting
and applying the law impartially is also an abuse of power.
These abuses can erode public trust in government, lead to social unrest, and
have long-lasting negative consequences for the rule of law and democratic
institutions.
Possible Remedies of Abuses of Power
Addressing and remedying the abuses of power by government branches
requires a combination of legal, political and societal measures. Some possible
of the possible remedies include.
1. Judicial Review: This is a process where individuals or organizations can
challenge the actions of the government in court, alleging that they are
unconstitutional or unlawful. In those circumstances, the courts can issue
rulings that declare the actions or laws of the government invalid.
2. Legislative oversight: The legislative branch can exercise its oversight
powers to investigate and hold accountable the executive branch of
government. This may involve committees, hearings, and inquiries into
alleged abuses of power.
3. Legal reforms: Enacting and enforcing laws that explicitly prohibit
abuses of power and establishing mechanisms for accountability can be
an effective remedy. Such laws might address corruption, human rights
violations, and checks and balances.
4. Elections: Regular free and fair elections provide citizens with the
opportunity to vote out leaders or parties engaged in abuses of power and
elect those who may rectify the situation.
5. Impeachment: Impeachment is a mechanism to remove officials who
abuse their power. This is usually carried out by the legislature, who must
follow due process for the procedure to be valid.
6. Political Pressure: Civil societies, advocacy groups, and media can exert
political pressure by raising awareness about abuses, organizing peaceful
protests and advocating for reforms.

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 7. Strengthening Institutions: Bolstering independent institutions, such as
the judiciary, ombudsman’s offices and anti-corruption agencies, can help
combat abuses of power by providing checks and balances.

Others include whistleblower protections, diplomatic pressure, public

awareness and education, constitutional amendments etc. Addressing
abuses of power often requires a multifaceted approach that involves
legal, political, and societal actors working together.
Nature of Fundamental Human Rights
These are the basic, inalienable, indivisible, and natural rights which are
guaranteed under to every citizen under the constitution and which are essential
for human existence. They are considered indispensable for the well-being of
the citizens.
Characteristics of Human Rights
a. Fundamental: Human rights are fundamental because they are the basic
natural rights which are essential for human existence.
b. Inalienable: Human rights are inalienable. This means that they cannot be
taken away from an individual and they cannot be given away or
forfeited.
c. Indivisible: This means that human rights are interrelated. They cannot be
enjoyed while other rights are denied. For example, a person needs to
enjoy the right to life to enjoy the right of movement and right of
association.
d. Natural: All humans are born with these rights. Human rights cannot be
bought, sold, inherited or earned; they are natural to each person.
Rules of Natural Justice
1. Rule against bias: This is also called the rule of “nemo judex in causa
sua” that is, “no one should be a judge in their own cause”. This principle
requires that decision makers be impartial and free from bias by not
having any person interest or connection to the matter being decided by
them.
2. Audi Alteram Partem: This latin maxim means “hear the other side”, this
rule mandates that all parties involved in a dispute should have the
opportunity to present their case and respond to the opposing party’s
arguments. This involves fair hearing. Individuals have the right to fair
and impartial hearing before a decision that affects their rights or interests

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 is made. This includes the right to be heard, to present evidence, and to
have legal representation.
3. Reasoned Decision/Ratio Decidendi: This rules states that when a
decision is made, the authority should provide reasons for the decision.
This ensures transparency and accountability and enables an aggrieved
party to demonstrate before an appellate body arguments that the reasons
presented should be rejected and overturned.
Redress for Breaches to Fundamental Human Rights
When the rights of citizens are breached, they can be redressed through legal
and judicial mechanisms. This involves individuals or organizations filing
lawsuits in courts in order to seek remedies for human rights violations. Reports
could also be made to human rights commissions or ombudsman offices which
investigate complaints, issue recommendations, and mediate disputes related to
human rights violations.

TOPIC III: NATURE AND SOURCES OF LAW

Introduction
Nigeria exists as a pluralized state due to its multi-cultural, ethnic and religious
diversity. These in addition to its colonial heritage have substantially influenced
the nature and sources of the Nigerian legal system. Islamic law, local customs
and traditions, English law, local legislations, court decisions and foreign laws
all form part of the nature of the Nigerian legal system. Our history of military
rule also saw the introduction of various laws through the form of decrees and
edicts. All these play significant roles in shaping the Nigerian Legal system.
Sources of Nigerian Law
Received English Law
Since Nigeria’s historical link with Britian since 1861, English law has
remained a major source of the Nigerian Law. The Colonial Laws Validity Act
of 1865 ensured that the Crown could legislate by Order-in Council for any
colony, protectorate or trust territory under the colonial administration. When
Nigeria became a colony of Britain, it was subjected to the laws and enactments
made by the colonial administration. Following its independence, Nigeria
abolished the Colonial Laws Validity Act by the Independence Act of 1960. This
changed the status of English Laws in Nigeria as the former Colonial
Administration could no longer make laws for Nigeria, however certain English

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laws were still left in force. This was due to the Interpretation Act of 1964.
Section 32 (1) of the Act provides that:
“Subject to the provisions of this section and expect in so far as other
provision is made by any federal law, the common law of England and the
doctrines of equity, together with the statutes of general application that
were in force in England on the 1st day of January, 1990, shall in so far as
they relate to any matter within the legislative competence of the Federal
legislature be in force in Nigeria.”
By the provisions of this Act, where any federal law does not specifically
provide for a particular procedure, the common law of England, the doctrines of
equity, and the statutes of general application that were in force in England as of
the 1st of January 1990 will be applicable. This would only apply when the said
English law covers a matter within the legislative powers of the National
Assembly.
It should also be noted that English laws, whether there be legislations or
decisions from their courts, outside the provision of the Interpretation Act, are
merely persuasive and cannot bind the decisions of the Nigerian Courts.
Nigerian Legislation
Legislation is a potent and formidable source of Nigerian Law. This simply
refers to the laws made by our local law making bodies, namely: the National
Assembly and the State Houses of Assembly. They have binding force where
applicable on each citizen of Nigeria.
Case Law
These refer to Judge-made laws or the laws made by the courts. While the
primary duty of the judiciary is not the making of laws but the interpretation of
laws, the pronouncement by the courts over the years governing specific legal
situations constitutes case laws. If a judge is faced with issues not governed
comprehensively by the existing law, the judge can act on the maxim that says
where there is a wrong, there is always a remedy to make fresh rules or to
extend the existing laws to cover those novel cases. This processed is sustained
by the operation of the doctrine of judicial precedent.
Islamic Law
This is part of the sources of law in Nigeria and is recognized by the
Constitution. The 1999 Constitution established the Sharia Court of Appeal to
deal with cases of Islamic personal law in states that require it. This means that

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where a state does not require a Sharia Court, there is no mandate from the
constitution to establish it.
Customary Law
A custom is a rule which in a particular district, has from long usage, obtained
the force of law. Nigeria being a multi-cultural state also recognizes customary
law within its legal system and accordingly it provides for a Customary Court of
Appeal to deal with issues surrounding customary law.
Customs in Nigeria are subjected to a validity test before it becomes applicable,
this test is referred to as the repugnancy test. A custom must not be repugnant
to natural justice, equity and good conscience or incompatible directly or by
implication with any law. It must equally not be contrary public policy. In the
case of Mariyama v. Sadiku Ejo the customary law of the area was that a child
born within 10 months after divorce belonged to the former husband. The Court
held that the law was repugnant to natural justice and that the child should be
returned to its natural father.
Civil and Criminal Law
The law is Nigeria can be generally divided into civil and criminal law. This two
types of law bear unique differences from the cause of action, who the parties
are, to the reliefs and penalties at the end of the suit, and the standard of proof.
In criminal law crimes are regarded as committed against the state and the
person who suffers the criminal action is treated as a secondary party. This is
why generally, it is the state that prosecutes crime through the instrumentality of
the police or the office of the Director of Public Prosecution. In civil law, it is a
necessity that only those who have been directly affected by the wrong action
would have the right to sue in respect of that case.
In criminal law, the standard of proof for the party prosecuting is beyond
reasonable doubt. This means that the prosecutor must establish the guilt of the
defendant beyond reasonable doubt. In civil cases, the standard of proof is
merely on the balance of probabilities, which implies that a plaintiff only has to
establish that the claims he is making when weighed on an imaginary scale are
more likely to be true than that of the defendant.
At the end of a criminal case, the defendant may face imprisonment, fines, death
or other penalties as prescribed by law if he is found guilty. On the other hand in
civil cases, the defendant may be required to pay damages to the plaintiff, or a
injunction may be issued against him prohibiting him from carrying out an
action.

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The facts of a case determine whether it is criminal or civil. In criminal cases,
the a crime must be committed in contravention of a criminal law before a
person can be tried in court. In civil cases, the cause of action does not arise
from any criminal breach but a civil wrong committed by the defendant. It
involves disputes between private parties over legal rights.

TOPIC IV: LAW OF PERSONS AND ASSOCIATION

Introduction: Natural and Artificial Persons
There are two distinct kinds of persons regarded in law. They are natural
persons and artificial persons.
Natural Persons refer to individuals who are human beings, they have their own
legal rights and responsibilities and can enter into contracts, own property, and
be subject to the law. Natural persons have the capacity to sue or be sued in their
own names, they also have personal rights, such as the right to life, liberty, and
the pursuit of happiness.
Artificial persons are entities created by law that are not human beings. These
include corporations, partnerships, government agencies, and other
organizations. Artificial persons have legal recognition and can own property,
enter into contracts, and engage in legal activities. They are treated as separate
legal entities from their owners or members, which means their owners’ person
assets are generally protected from the entity’s liabilities. They can also sue and
be sued just like natural persons.
The key distinction is that natural persons are living individuals, while artificial
persons are created entities and recognized by the legal system to have legal
standing and rights.
Legal Personality of the Unborn Persons, Dead Persons, Infants and
Married Women.
Unborn Persons: While the Nigerian Constitution grantees every person the
right to life and prohibits the intentional deprivation of this right, it does not
define who is a person or when life begins. This has brought allot of debate as to
the legal status of unborn persons. While the Nigerian Criminal Code prohibits
abortion, except for the purpose of saving the life of the mother, it is unclear if
this is a recognition of the right to life of the unborn considering that the
contravention of this law does not carry a capital punishment or life
imprisonment unlike with other violations of the right to life. Generally, it is

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taken that the unborn do not have legal personality in Nigeria as they are unable
to access the rights and privileges of natural and artificial persons.
Dead Persons: Dead persons have no legal personality and hence, cannot sue or
be sued. Dead men are no longer persons in the eye of the law, however they
still have some rights that are respected by the law, such as the right to a decent
burial, the right to have their wills executed, and the right to have their
reputation protected from defamation. The Nigerian courts have also recognized
the concept of wrongful death, which allows the relatives of a deceased person
to sue for damages for the loss of life and support caused by the negligence or
wrongful act of another person.
Infants: Infants are those who have not attained the age of majority, which is 18
years in Nigeria. Infants are said to have limited legal personality, as they are
not capable of performing certain legal act, such as entering into contracts,
owning property, voting, or marrying without parental consent. In respect of
contracts, the age of maturity is 18 years under the Child’s Right Act of 2003
and so any contract entered with a person younger than this age is void. Infants
are also subject to parental authority and guardianship, which means that their
parents can make decisions on their behalf regarding their education, health,
religion, and welfare. However, infants also have some rights that are protected
by the law, such as the right to life, dignity, education, health care, protection
from abuse and exploitation, and participation in matters affecting them.
Married Women: Married women are persons legally joined in matrimony with
another person. They have full legal personality, as they can perform all legal
acts that are not prohibited by law. They can own property, enter into contracts,
sue and be sued, and vote. There are however discriminatory laws which unduly
restrict some privileges such as the restriction on the right of married women to
change their domicile without their husband’s consent.
Law of Domicile of Infants and Married Women
The law of domicile is the law that determines the legal status, rights, and
obligations of a person based on his or her permanent home residence. It is
important for various legal matters such as marriage, divorce, succession,
taxation, and jurisdiction.
The law of domicile of infants and married women in Nigeria is based on the
common law principles inherited from England. According to these principles,
there are two types of domicile: domicile of origin and domicile of choice.
Domicile of origin is the domicile that a person acquires at birth while domicile

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of choice is the domicile of choice that a person acquires by moving to a new
country with the intention of residing there permanently or indefinitely.
Infants and married women are considered to have a domicile of dependence,
which means that their domicile follows that of another person. For infants,
their domicile depends on the domicile of their parents. For married women,
their domicile depends on the domicile of their husbands. This means that
infants and married women cannot change their domicile by their own will or
action but only by the change of domicile of their parents or husbands.
Exceptions to this rule exist:
 For example if an infant’s parents have different domiciles, the infant will
follow the domicile of the father if the parents are married, or the
domicile of the mother if the parents are not married.
 Also, if an infant’s parent changes his or her domicile after the infant has
attained the age of 16, the infant can choose to retain his or her previous
domicile or acquire the new domicile of the parent.
 If a married woman’s husband changes his domicile after the marriage,
the married woman can choose to retain her previous domicile or acquire
the new domicile of her husband.
 Also, if a married woman’s marriage is dissolved by death or divorce, she
can acquire a new domicile of choice by moving to a new country with
the intention of residing there permanently or indefinitely.
 If a married woman’s husband is mentally disordered or missing, she can
acquire a new domicile of choice by moving to a new country with the
intention of residing there permanently or indefinitely.
Capacity of an Insane Person, Infant, and Married Woman to enter Legal
Relations
In Nigeria, the capacity of individuals including insane persons, infants
(minors), and married women, to enter into legal relations is governed by
specific legal principles.
Insane Persons: Insane persons, individuals who lack the mental capacity to
understand the nature and consequences of their actions, generally have limited
capacity to enter legal relations. Contracts or legal agreements enter into by
insane persons may be void or voidable depending on the circumstances. If a
person is adjudged to be of unsound mind by a competent authority, their
contracts may be void, as the lacked the necessary capacity. IN some cases, a
guardian or legal representative may act on behalf of an insane person, but this
is subject to the court’s approval .
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Infants (Minors): Infants have limited capacity to enter into legal relations.
Contracts with infants are usually voidable at the option of the minor. This
means that the minor can choose to ratify the contract upon reaching the age of
majority.
Married Women: Married women have full legal capacity to enter into legal
relations. They can own property, enter into contracts, and engage in various
legal activities in their own right.
Corporate Sole and Corporate Aggregate
A corporation sole is a legal entity that represented by an individual. Here there
is no legal distinction between the two. When the individual abandons the
corporation or dies, the corporation terminates with the individual. The
individual assumes all the benefits and liabilities associated with the corporation
as well.
A corporation aggregate is a legal entity formed by a group of individuals,
known as members or shareholders, who come together to establish an
organization for a specific purpose, such as a business corporation, nonprofit
organization, or company. This type of corporation is characterized by having a
separate legal personality from its members. It can own property. Enter into
contracts and be held liable for its debts and obligations independently from its
members.

TOPIC V: LAW OF ADMINISTRATION OF ESTATES AND TRUSTS

Introduction
The law of administration of estate and trust governs the handling and
distribution of a person’s assets after their death. It involves the execution of
wills, probate proceedings, and the management of trusts. It aims to ensure a
fair and lawful distribution of the estate or trust according to the deceased
person’s intentions. The essence of administration of estates is to ensure the
passing of the property of a deceased to the beneficiaries and the proper
administration of the remaining property collated as an Estate.
Generally, when people pass they may leave a Will, which is a legal document
outlining the wishing of the deceased regarding the distribution of their property
and assets upon their death. The maker of the will is known as the testator and
their properties and assets are referred to as their estate. Usually, an executor is
appointed to distribute the estate according to the wishing of the testator. The
persons who benefit from the Will are known as beneficiaries. When a person
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dies with a will they are said to have died testate, if they die without a will they
are said to have died intestate.
Grant of Probate and Letters of Administration
Grant of Probate and Letters of Administration are means of acquiring authority
to administer the estate of the deceased.
Grant of probate is the authority that gives validity to the powers and functions
of an executor to the estate of a deceased who has made a will. The probate
grant gives the executor the moral and legal authority to act in that capacity, the
executor is not expected to perform the functions of an executor without the
grant of probate.
An administrator, however, derives powers to act from the grant of the letter of
administration and where there is no grant, he cannot act as an administrator.
The letters of administration is the source of an administrator’s authority.
TYPES OF GRANT OF AUTHORITY TO ADMINISTER THE ESTATE
OF DECEASED PERSONS
There are three (3) categories of grant of authority to administer the estate of
deceased persons. These are:
a) Grant of Probate – This grant is issued where a deceased died testate, leaving
a valid Will with the executors appointed in the Will to carry out the wishes of
the testator.
b) Grant of Letters of Administration with Will annexed – This grant is issued
where a deceased person died testate but without appointing executors; or the
appointed executors are dead; or the executors are infants; or the executors have
renounced probate.
c) Grant of Letters of Administration without Will – This is issued where a
deceased person died intestate (without a Will) and so did not appoint an
executor.
Grant of Probate
The procedure for grant of probate may either be contentious or non-
contentious.
Non-Contentious Grant
Non-contentious probate is the most common form of grant of probate. It is
applicable where the validity of the Will is not contested. The Procedure involve
the following steps:

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 1. Search and Discovery of the Will: The search for the testator’s Will
begins after the burial ceremonies are over. Usually the original copy of
the will is kept at the probate registry. If the Will is in the
possession/custody of the testator or any other person, he is to send it to
the probate registry within a specified period of time after they become
aware of the testator’s death.
2. Marking of the Will: Once a Will is found it will be marked. The Will is
to be marked by the signatures of the applicant and the person before
whom the applicant swears an oath.
3. Reading of the Will: If the Will is found at the probate registry, it will be
read at a designated time or day set by the Probate Registrar and in the
presence of the persons present. The Will must be read at the Probate
Registry or any place the Probate Registrar determines.
4. Application for probate: After reading the Will, the executors appointed
in the Will will make an application for probate by way of a Letter of
Application made to the Probate Registrar. The letter must contain:
a. The name of the testator, their marital status before death, names of
the spouses and children of the testator.
b. The date and place of death of the testator and their address.
c. It must state that the testator was resident within jurisdiction
shortly before his death
d. It must state that the testator made a Will.
e. It must state the names of the Executors named in the Will.
5. Proof of the Will: This goes to the validity of the will. In proving the
Will, it must be determined by the Judge/Court that the Will was validly
made and that it contains a proper attestations clause (i.e. that the will
was properly signed by the witnesses according the provisions of the
law).
6. Grant/refusal of probate: When the probate registrar is satisfied that the
Will was duly executed and that the testator made the will with the
knowledge of its contents, the registrar will grant probate. However,
where the necessary qualifications provided by the law are not met, the
registrar will refuse to grant probate.
Contentious Grant
This involves a situate where the validity of the will is being challenged. It
covers cases of: disputes as to the validity of the will, disputes concerning
the appointment of executors, disputes as to whether a grant should be
revoked, disputes as to who is entitled to take out a grant of probate, etc.

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 The procedure under here is like that of non-contentious grant except for a
few differences:
1. Search and Discovery of the Will
2. Marking of the Will
3. Reading of the Will
4. Application for probate
5. Proof of Will
6. Caveat/Citation/Warning: Here a document known as a caveat is filed in
the registry challenging the application for grant of probate. It is at this
stage that the grant becomes contentious.
7. Probate action (full trial): After the filing of the caveat/citation, the
executor who has applied for probate can respond to the caveat, after
which the court will determine between both of them who has the right to
apply for probate.
8. Grant or Refusal of Probate
Letters of Administration
The procedure for obtaining Letters of Administration can similarly be
contentious or non-contentious as with probate.
Procedure to obtain letters of administration in non-contentious and
contentious cases
1. Application to the probate registrar: Similar to the application made when
seeking grant of probate, an application is written to the probate registrar.
The letter of application should contain:
a. The full names of the deceased.
b. The date of death of the deceased.
c. The place of residence of the deceased shortly before his death.
d. The name of the proposed administrators.
2. The application should be accompanied with the death certificate. After
submission of the application, the following forms will be issued to the
applicant to fill:
a. Oath of administration by the applicants.
b. Particulars of landed property left by the deceased.
c. Administration bond to ensure that the grantee makes proper
inventory distributes the estate accordingly and pays out all just
debts.
d. Affidavit/Declaration as to next-of-kin.
e. Bank certificate.

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 f. Inventory.
g. Passport photographs of applicant.
h. Justification for sureties.
i. Schedule of debts and funeral expenses.
3. The forms will be filled and then submitted.
4. Publication would then be made in a newspaper or gazette to invite and
give the public or any interested person the opportunity to object and file
a caveat in opposition to the grant of letters of administration to the
applicant.
5. Objection is to be raised within a specified time. Once an objection is
raised it becomes contentious and a trial will follow.
6. If no objection is raised, after the payment of the estate duties (fees), the
letters of administration would be granted.
Trusts
Nature of Trusts
A trust refers to a legal relationship that arises when one person (known as the
settlor) transfers the legal ownership of certain assets to another person (the
trustee) to hold onto it for the benefit of a third party (the beneficiary). The
trustee has the duty to manage the assets according to the terms of the trust and
wishes of the trustor. The beneficiary on the other hand has the right to receive
the benefits of the assets handed over to the trustee. Wills are an example of a
trust since the testator acts as a settlor by transferring the legal ownership of
their assets to the executors (who act as trustees) upon his death to hold onto for
the benefit of his beneficiaries (e.g. his heirs under the Will).
Kinds of Trusts
Trusts are mainly divided into two categories: private and public trust.
1. Private Trust: A private trust is a trust created for the benefit of a specific
group such as family members, friends, or business partners. A private
trust can further be classified into living trust and testamentary. A living
trust is one that is created and takes effect during the lifetime of the
settlor i.e. while the settlor is still alive. A testamentary trust on the other
hand is created to take effect after the death of the settlor. Wills are an
example of testamentary trusts.
2. Public Trust: A public trust is a trust created for the benefit of the general
public or a section of it, such as a charity, a religious cause or a social
cause. Public trusts can be further classified into charitable and non-
charitable trust. A charitable trust is one created for charitable purposes

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 such as to relieve poverty, advance education, promote religion, or other
purposes beneficial to the community. A non-charitable trust is one
created for non-charitable reasons such as the promotion of a political
party, a sporting club, or a cultural association.
Creation of Trusts
The creation of a trust depends on the type of trust and the nature of the assets
involved. Generally, a trust can be created by a written document, such as a
trust deed, a will, or a declaration of trust. It can also be created orally, such as
a verbal agreement or a statement of intention. It should be noted that some
types of trusts require a specific form of creation such as statutory trusts: these
are created by law or a regulation. There are also resulting trusts which are
created by implication of law.
As it goes, in order to create a trust there must be a clear intention by the settlor
to create a trust. All the parties such as the trustees and beneficiaries must be
identified, the trust property must be clearly defined, legal formalities must
be complied with and the trust must be for a lawful purpose.
Rights of a Beneficiary & Duties of a Trustee
Rights of a Beneficiary include the following:
1. The right to receive the benefits from the trust.
2. The right to request and obtain accounts and information from the trustee
about the management and performance of the trust assets.
3. The right to seek legal remedy in the event of any breach of the trust
agreement by the trustee, by suing for damages or an injunction.
4. The right to petition the probate court for a change of trustee if they feel
the person appointed is not performing their duties.
Duties of a Beneficiary include the following:
1. The duty to safeguard trust assets and protect them from loss, damage or
waste.
2. The duty not to make secret profit or personal benefit from the trust, and
to avoid any conflict of interest or self-dealing.
3. The duty to provide accounts and information to the beneficiaries, and to
keep accurate and up-to-date records of the trust transactions.
4. The duty to pay taxes and other liabilities arising from trust.

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TOPIC VI: LAW OF PROPERTY
Definition
Property law refers to the legal procedure regulating the process of acquisition
of and devolution of real property. Property law is dynamic, and mostly deals
with the transfer of interest in land: this process is known as conveyance or
conveyancing.
Types of Interest that can be Transferred
Generally, there are two main types of interest that can be transferred when it
comes to property, namely: ownership and possession.
Transfer in ownership refers to a transfer of the legal title in a property, this
means that the proprietary rights in that property is acquired from the original
owner and now vested in the party to whom the transfer is made.
Possession refers to the right to occupy the property or hold onto a property, this
usually refers to landed property but could also refer to other types of tangible
property.
Under property law, either or both of these rights can be transferred depending
on the nature of the transaction between the parties.
Real and Personal Property
Property law recognizes two distinct types of property, namely: Real property
and Personal property.
Real property refers to immovable property, this refers to land and all that is
attached to it e.g., the buildings and the trees fixed to the land. This does not
include other vegetation that require consistent human labor such as vegetables
or grains, they are not treated as real property.
Personal property refers to any other type of property other than real property.
Personal property may either be tangible or intangible. Tangible property refers
to properties that can be touched e.g., cars, laptops, furniture, etc. Intangible
properties refers to properties that cannot be physically touched e.g. shares,
debentures, stocks, intellectual property etc.
Various Transactions under Property Law: Mortgage, Pledge, Lien, Sale,
Lease
There are various kinds of transactions involving property. Each transaction has
to do with a transfer of some interest in the property from one party to another.
The following are some of the transactions under property law.

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Mortgage
Mortgage refers to the transfer of the interest in a property from the owner
(called the mortgagor) to the lender (called the mortgagee) as a security or
collateral for the repayment of a debt after a fixed period of time. For example,
a mortgage transaction could look like this: Mr. Peter intends to obtain a loan
from UBA Bank but will have to use his house as collateral to obtain the loan.
Mr. Peter will deposit the title documents of his house with UBA and may go
further to sign or execute a deed of mortgage between him and the bank. In this
transaction Mr. Peter (the mortgagor) has placed his property as collateral so
that in the event that he is unable to repay the loan as at when due, the bank (the
mortgagee) may sell off the property to recover their loan and interest. The
interest transferred in a mortgage transaction is ownership, however the
mortgagor has a revisionary interest; this means that once the loan is repaid,
ownership reverts back to the mortgagor.
Pledge
A pledge involves the transfer of possession and use of a land or interest in land
from the owner (called the pledgor) to the lender (called the pledgee) as a
security for the repayment of a debt. A pledge is different from a mortgage
which involves the transfer of ownership, in a pledge only possession is
transferred. Another key difference is that a pledgor can always redeem his
property; this means that no matter how much time has passed, once the loan is
repaid, the possession of the property reverts back to the pledgor. The maxim
for this principle is, “Once a pledge, always a pledge.”
Lien
A lien is a right to retain or hold property until a debt or obligation is
discharged. A common example is a mechanic who has a common lien over a
motor car repaired by him until the payment for his services are made. It is a
means of coercing the debtor into payment and does not act as a
security/collateral. This means that the property cannot ordinarily be sold to
recover the debt. What is held onto in a lien is the possession of the property.
Sale
A sale involves the transfer of the complete interest in a property from the
owner of the property (the vendor) to the buyer or purchaser. In a sale
transaction both the interest in ownership and possession is transferred to the
buyer on completion of the transaction.
Lease

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A lease is a transaction which involves the transfer of exclusive possession in a
property for a fixed period of time from the owner (the lessor) to the lessee,
usually for consideration or payment of rent. The lessor is sometimes called the
landlord and the lessee referred to as the tenant. What is important is that
exclusive possession is given to the lessee, which can be enforced even against
the landlord, until the expiration of the lease.
Equitable and Legal Interest
When dealing with the kinds of interest that can be held over property, they can
either be a Legal Interest or Equitable Interest. They both have their different
origins, characteristics and effects on the rights and obligations of the parties
involved. Historically speaking, equitable interests are rights over property
(which though invalid at common law) were recognized by the Courts of
Chancery.
At common law, certain formalities had to be observed to create or transfer a
legal interest in property, for example Section 1 and 4 of the Statutes of Frauds
1677, requires that every land transaction be made in writing. Section 2 and 3 of
the Real Property Acts requires that for a valid lease to be made, it must be by
deed (a document under seal). Non-compliance with these formalities generally
rendered the contract or agreement invalid. However, the Court of Chancery
instead of invalidating these agreements granted an equitable right/interest in
the property. So while legal interest is one that is recognized and protected by
law, equitable interest is recognized and protected by the principles of equity.
Priority and Enforceability of the Equitable and Legal Interest
The distinction between legal and equitable interest is important because it
determines the priority and enforceability of the interests in case of a dispute or
conflict.
The general rule is that a legal interest is enforceable against the whole world,
while an equitable interest is enforceable against the whole world EXCEPT a
bon a fide purchaser for value without notice. This simply means that an
equitable interest will succeed in his claim over a property except in
circumstances when a subsequent buyer who has obtained a legal interest in the
property was unaware of the purchase made by the holder of the equitable
interest. In such circumstances, the subsequent holder of the legal interest will
succeed against the equitable interest. “Notice” here may be actual (where the
subsequent purchaser gained the information from observation or disclosure),
constructive (where from the circumstances the purchaser ought to have
discovered the existence of an interest in the property had he been diligent), or

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imputed (where the agent of purchaser acquires knowledge of the pre-existing
interest in the course of transacting). In any of these cases, the purchase would
not be said to be a bon a fide purchaser for value without notice.
Also in priority, there is the temporal order rule, which simply means that
interests are ranked in order of creation. Therefore, where there are two or more
legal interest in a property the first in time will prevail. However, as stated
earlier where an equitable interest and legal interest are in conflict and the legal
interest was made after the equitable interest, it will only prevail if the
subsequent legal interest is a bona fide purchaser for value without notice.
When this is not the case, the earlier equitable interest will prevail. Where there
are two or more equitable interest in a property, the first in time will also
prevail.

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