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The Nigerian Legal System through the Lens of H.L.A Hart / SYLVESTER OGBA

Swansea University Author: SYLVESTER OGBA

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DOI (Published version): 10.23889/SUthesis.63507

Abstract

This thesis interrogates the existence and nature of Nigerian legal system from the perspective of analytical jurisprudence. It does this by looking at the fundamental requirements needed to prove the existence of a modern municipal legal system as primarily articulated by H.L.A Hart. In his celebra...

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Published: Swansea, Wales, UK 2023
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
Supervisor: Jones, C., Iwobi, A., and Latham, A.
URI: https://cronfa.swan.ac.uk/Record/cronfa63507
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spelling v2 63507 2023-05-19 The Nigerian Legal System through the Lens of H.L.A Hart 120e150b0012fe9d1aaeef34199ba986 SYLVESTER OGBA SYLVESTER OGBA true false 2023-05-19 This thesis interrogates the existence and nature of Nigerian legal system from the perspective of analytical jurisprudence. It does this by looking at the fundamental requirements needed to prove the existence of a modern municipal legal system as primarily articulated by H.L.A Hart. In his celebrated work The Concept of Law, Hart postulated two minimum conditions necessary and sufficient for the existence of a modern municipal legal system: first, the primary rules of obligation that have been validated by the system’s rules of recognition, must be generally obeyed or followed by ordinary citizens. Secondly, the legal system’s rules of recognition which state the criteria of legal validity and its rules of change, as well as its rules of adjudication must be effectively accepted as common general standards of official behaviour by the public officials of the legal system. The frugality of this account makes it very attractive, and its simplicity enables this study to evaluate the existence of Nigerian legal system with a relatively compact and concise set of tools. At the level of Nigeria legal system, there has been widespread refusal comply with the foundational and authoritative rules of the Nigerian legal system. Also, there has been a problem of multiple conflicting legislations yielding to a parallel legal system. This unavoidably triggers the question of the ontological value of Nigerian legal order as a modern municipal legal system. Invariably, the pertinent question is, has Nigeria got a legal system? This thesis attempts to respond to the above question by examining the conditions necessary and sufficient for a legal order to exist as a complete legal system in a modern enlightenment, and also see whether or not, at present, such minimum requirements have been met by the Nigerian legal order. In achieving this, this study used some selected egregious cases and events to interrogate whether there is the presence of an authoritative rule of recognition in Nigerian legal order and if there is, whether Nigerian officials take the internal point of view towards it. The major findings are that: first, the Constitution, judicial precedents and international laws, all form part of the rules of recognition in Nigeria. Secondly, Nigerian officials deliberately do not take the internal point of view towards the rules of recognition so identified. Therefore, the conclusion of this dissertation is that Nigerian has got a legal order that is not worthy of being called a modern or complete legal system. E-Thesis Swansea, Wales, UK Legal system, rule, normativity, rule-of-recognition, internal-point-of-view 3 5 2023 2023-05-03 10.23889/SUthesis.63507 COLLEGE NANME COLLEGE CODE Swansea University Jones, C., Iwobi, A., and Latham, A. Doctoral Ph.D 2023-09-29T10:13:38.9983393 2023-05-19T10:41:54.2578123 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law SYLVESTER OGBA 1 63507__27538__c4f30b04b0614600bd05c9d66e955d2a.pdf 2023_Ogba_SA.final.63507.pdf 2023-05-19T10:48:43.8048952 Output 1375624 application/pdf E-Thesis – open access true Copyright: The Author, Sylvester A. Ogba, 2023. true eng
title The Nigerian Legal System through the Lens of H.L.A Hart
spellingShingle The Nigerian Legal System through the Lens of H.L.A Hart
SYLVESTER OGBA
title_short The Nigerian Legal System through the Lens of H.L.A Hart
title_full The Nigerian Legal System through the Lens of H.L.A Hart
title_fullStr The Nigerian Legal System through the Lens of H.L.A Hart
title_full_unstemmed The Nigerian Legal System through the Lens of H.L.A Hart
title_sort The Nigerian Legal System through the Lens of H.L.A Hart
author_id_str_mv 120e150b0012fe9d1aaeef34199ba986
author_id_fullname_str_mv 120e150b0012fe9d1aaeef34199ba986_***_SYLVESTER OGBA
author SYLVESTER OGBA
author2 SYLVESTER OGBA
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publishDate 2023
institution Swansea University
doi_str_mv 10.23889/SUthesis.63507
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description This thesis interrogates the existence and nature of Nigerian legal system from the perspective of analytical jurisprudence. It does this by looking at the fundamental requirements needed to prove the existence of a modern municipal legal system as primarily articulated by H.L.A Hart. In his celebrated work The Concept of Law, Hart postulated two minimum conditions necessary and sufficient for the existence of a modern municipal legal system: first, the primary rules of obligation that have been validated by the system’s rules of recognition, must be generally obeyed or followed by ordinary citizens. Secondly, the legal system’s rules of recognition which state the criteria of legal validity and its rules of change, as well as its rules of adjudication must be effectively accepted as common general standards of official behaviour by the public officials of the legal system. The frugality of this account makes it very attractive, and its simplicity enables this study to evaluate the existence of Nigerian legal system with a relatively compact and concise set of tools. At the level of Nigeria legal system, there has been widespread refusal comply with the foundational and authoritative rules of the Nigerian legal system. Also, there has been a problem of multiple conflicting legislations yielding to a parallel legal system. This unavoidably triggers the question of the ontological value of Nigerian legal order as a modern municipal legal system. Invariably, the pertinent question is, has Nigeria got a legal system? This thesis attempts to respond to the above question by examining the conditions necessary and sufficient for a legal order to exist as a complete legal system in a modern enlightenment, and also see whether or not, at present, such minimum requirements have been met by the Nigerian legal order. In achieving this, this study used some selected egregious cases and events to interrogate whether there is the presence of an authoritative rule of recognition in Nigerian legal order and if there is, whether Nigerian officials take the internal point of view towards it. The major findings are that: first, the Constitution, judicial precedents and international laws, all form part of the rules of recognition in Nigeria. Secondly, Nigerian officials deliberately do not take the internal point of view towards the rules of recognition so identified. Therefore, the conclusion of this dissertation is that Nigerian has got a legal order that is not worthy of being called a modern or complete legal system.
published_date 2023-05-03T10:13:40Z
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