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Where do judges and lawyers derive their sources of law from?

Asked by Success Nmaat-sumahem Ziba

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Answers (2)

RA

Rudolph Apeyusi

Jul 13 2022

0 upvotes

In the Ghanaian perspective

Article 11 of the 1992 Constitution of Ghana deals with the Sources of Law

Hence the Lawyers and Judges derive it from there

MO

Michael Ofurum

Jul 13 2022

0 upvotes

Judges and lawyers derives laws from various sources as approved by the jurisdiction . In Nigeria, laws are gotten from Legislative houses. These legislative houses make laws because it is their primary function to make laws. Another source of law in Nigeria are from our customs and traditions. These customs and traditions forms a veritable source of law and are called customary laws. Every judge and lawyer respect customary law insofar as such customary law passed the validity tests as set in amp; UKE &ANOR. v. IRO (2001) JELR 44361 (CA) and

In the case of EMESIM v. NWACHUKWU & ORS (1999) JELR 43799 (CA) .

Judges and lawyers also get their laws from previous decisions of judges in previous cases. Where a judge have made a pronouncement on a matter, where similar matter comes up again, the judge will rely on what it have decided before and give it's judgment in this other case.

Lawyers and judges also rely on law books, newspapers, periodicals, gazette etc as their sources of laws..

Judges and lawyers also rely on laws made by international organizations as long as Nigeria have domesticated such international treaties.

Also by the fact that Nigeria was colonized by British government, all laws that's applied in England as at 1900 applies in Nigeria.

From the foregoing, the sources of law for lawyers and judges include but not limited to the following

1. Constitution

2. Legislation

3. Customary Laws/Sharia laws.

4. Case laws.

5. International treaties

6. Statues of General Application that were applicable in England as at 1900.

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