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Published online by Cambridge University Press: 28 July 2009
In this brief note, I have attempted a general survey of legal development in Nigeria between the years 1957 and 1967. The period covered is three years before independence and some seven years after.
page 77 note 2 The Nigeria (Constitution) (Amendment No. 3) Order in Council, 1959, s. 57. Now section 117 of the 1963 Constitution of the Federation.
page 77 note 3 For judicial decisions on this part of the Constitution, see Sir Lionel Brett, Digest of Decisions on the Nigerian Constitution, [1964] J.A.L. 191.
page 78 note 1 The Nigeria (Constitution) (Amendment No. 3) Order in Council, 1959, s. 69. Now ss. 18–33 of the 1963 Constitution of the Federation.
page 78 note 2 Section 32 of the 1963 Constitution.
page 78 note 3 For judicial decisions on this part of the Constitution, see Sir Lionel Brett op. cit., pp. 185–188.
page 78 note 4 Constitution (Suspension and Modification) Decree, 1966, No. I, s. 6.
page 78 note 5 Constitution (Suspension and Modification) Decree, 1966, No. I, s. 3 (4).
page 78 note 6 Constitution of the Federation, s. 22(4).
page 78 note 7 Section 22(5) (a).
page 78 note 8 Section 22 (5) (b).
page 78 note 9 Section 22(5) (c).
page 78 note 10 Section 22(5) (d).
page 78 note 11 Section 22(8).
page 78 note 12 Section 22(9).
page 79 note 1 Section 22(10).
page 79 note 2 Sir Lionel Brett; op. cit., pp. 186–187.
page 79 note 3 The former Western Region, Mid-Western Region, Eastern Region and the Federal Territory have now become Western, Lagos, Central Eastern, South Eastern and Rivers States. See States (Creation and Transitional Provisions) Decree 1967.
page 79 note 4 Criminal Code Ordinance, 1916. The Revised Edition of the Laws in the former Western, Mid-Western and Eastern Nigeria merely extracted the portion of the Code which was within the competence of the Regional Legislature for inclusion in the Revised Edition of the Statutes.
page 79 note 5 The former Northern Nigeria now consists of North-Western, North Central, Kano, North Eastern, Benue-Plateau, and Central-West States. See States (Creation and Transitional Provisions) Decree, 1967.
page 79 note 6 Penal Code Law, cap. 89, Laws of Northern Nigeria. See also Notes on the Penal Code Law by S. S. Richardson published by the Government Printer, Kaduna; The Penal Codes of N. Nigeria and the Sudan by A. Gledhill (Sweet & Maxwell); and Richardson & Williams: The Criminal Procedure Code of N. Nigeria (Sweet & Maxwell & A.U.P.).
page 79 note 7 Criminal Procedure Code, cap. 30, Laws of Northern Nigeria. For a recent review of this Code during the first five years of its operation, see T. H. Williams in (1966), 20 M.L.R. 258.
page 79 note 8 The Nigeria (Constitution) (Amendment No. 2) Order in Council 1957, s. 50(1) (d). Now item 23 of the Exclusive Legislative List under the 1963 Constitution of the Federation.
page 80 note 1 Provisions applying English law to Nigeria on this question are contained in (a) Section 16 of the High Court of Lagos Act, cap. 80, Laws of the Federation of Nigeria, with respect to Lagos and (b) s. 4 of the Regional Courts (Federal Jurisdiction) Act, cap. 177 of the same. The former (cap. 80) came into force on 31st December 1955; the latter on 25th September 1958 by Legal Notice 56/58.
page 80 note 2 Chap. 181, Laws of the Federation.
page 80 note 3 Section 10(1).
page 80 note 4 1964 No. III.
page 81 note 1 1965 No. IV.
page 81 note 2 Animashawun v. Mumuni, 16 N.L.R. p. 59.
page 81 note 3 See e.g. Adebona v. Amao (unreported, F.S.C. 130/1963 delivered on 10.12.63) and followed in.
page 81 note 4 W. Region Law No. 45 of 1958.
page 81 note 5 Cap. 59 Laws of N. Nigeria. The legislation was critically discussed by C. M. McDowell in 1965 Nig. Law Journal, p. 202.
page 81 note 6 Cap. 105 of 1948 ed. Laws of Nigeria.
page 81 note 7 Property and Conveyancing Law, cap. 100, Laws of Western Nigeria, which is now in force in the Western, Mid-Western and part of Lagos State. Other relevant statutes on this subject include the Administration of Estates Law (cap. I), and Trustee Law (cap. 125).
page 81 note 8 “A Critique of the Property Legislation of Western Nigeria” by O. R. Marshall in (1965), Nigerian Law Journal Vol. I, No. 2, p. 1.
page 81 note 9 Dawodu v. Danmole, [1962] I W.L.R. 1053.
page 82 note 1 Contracts Law, s. 6–12 in cap. 25 of the Laws of Western Nigeria and the Law Reform (Contracts) Act, 1961, No. 64 in respect of Lagos.
page 82 note 2 Defamation Law cap. 32, Laws of Western Nigeria; Defamation Act 1961, No. 66 in respect of Lagos; and Defamation Law, cap. 33, Laws of Eastern Nigeria.
page 82 note 3 Torts Law, ss. 8–12 in cap. 122 of the Laws of Western Nigeria; Civil Liability (Miscellaneous Provisions) Act 1961, No. 33 in respect of Lagos; and Civil Liability (Miscellaneous Provisions) Law, ss. 5 and 6 of cap. 23, of the Laws of Northern Nigeria.
page 82 note 4 Torts Law, supra, ss. 14–17; Civil Liability (Miscellaneous Provisions) Act, supra, ss. 8–10; and Civil Liability (Miscellaneous Provisions) Law, supra, s. 4.
page 82 note 5 Torts Law, supra, ss. 1–6; Civil Liability (Miscellaneous Provisions) Act, supra, ss. 3–7; and Civil Liability (Miscellaneous Provisions) Law, supra, s. 3.
page 82 note 6 11 & 12 Geo. 6 c. 41. For Lagos legislation, see Law Reform (Torts) Act 1961, ss. 2–5 and for Western and Mid-Western States, see Torts Law, supra, s. 13.
page 82 note 7 5 & 6 Eliz. 2c. 31.
page 82 note 8 Law Reform (Torts) Act, supra, ss. 6–10.
page 82 note 9 [1965] N.M.L.R. 95.
page 83 note 1 [1964] A.C. 1129, pp. 1220 et seq.
page 83 note 2 Uren v. John Fairfax Ltd., 1966, 40 A.L.J.R. 124.
page 83 note 3 See note by Mr. Alec Samuels in (1967), 30 M.L.R. 213.
page 83 note 4 Companies Act, cap. 37, and the Bills of Exchange Act, cap. 21, in the Laws of the Federation.
page 83 note 5 Cap. 30, Laws of the Federation.
page 83 note 6 Cap. 19, Laws of the Federation.
page 83 note 7 1964, No. 19 Laws of the Federal Republic.
page 83 note 8 1962, No. 30 Laws of the Federal Republic.
page 83 note 9 Immigration Act 1963, No. 6, especially ss. 8 and 33.
page 83 note 10 1965 No. III. See a review of the Act by Mr. B. O. Kazeem in Journal of Business Law, 1967, at p. 38.
page 84 note 1 Nigeria (Constitution) Order in Council, 1960, s. 70(2) (c) Const, of the Fed.
page 84 note 2 1961 No. 21.
page 84 note 3 1961 No. 22.
page 84 note 4 The High Court Rules, 1955 (E.R.L.N. No. 276 of 1955) in force in the former Eastern Region of Nigeria were a reproduction of the Supreme Court Rules with only minor changes.
page 84 note 5 W.R.L.N. 293, 1958.
page 84 note 6 For Lagos, see s. 12 of the High Court of Lagos Act, cap. 80, Laws of the Federation, s. 12; For N. Nigeria, see High Court Law, s. 35, cap. 49, Laws of Northern Nigeria; For E. Nigeria, see s. 16 High Court Law, cap. 61, Laws of Eastern Nigeria; and for Western Nigeria, see Order 35, rule 10 of the Rules of the High Court in that Region.
page 85 note 1 SG. 405/1965 delivered on 9.6.67.
page 85 note 2 84 C.L.R. 629.
