Certificación

The Common law over the centuries had turned out to be: rigid, inadequate, harsh, unjust, corrupt, declaratory, dependent on chance, delay, procedure and restricted jurisdiction. This will be explained below.

(a) Rigid

Rules become archaic, antiquated; inflexible, partly because of the effect of Precedents and partly because of the Provisions of Oxford 1258 which prevented the issue of writs except where there was a recognized form of action.

(b) Inadequate

Available writs covered narrow grounds. A person aggrieved in tort or contract might not succeed in bringing action for redress unless it fitted existing form of action and these were severely limited. In other words, where there was no form of action, there was no remedy for injuries.

A great number of causes of action could not be redressed and these were increasing. For example, Common law failed to recognize the tort of Nuisance, the Institution of Trust, Mortgagor‟s Equity of redemption etc.

(c) Harsh

Judges applied the law – just or unjust. Its concern was procedure and form, and these were technical.

(d) Unjust

Common law remedies could not meet the ends of justice in many cases. The only remedy available was damages and in many cases it was inappropriate relief; particularly where restitution was possible and desired. Common law would not order specific performance, injunction, rescission, where damage was inappropriate. Furthermore, the cost of action sometimes was prohibitive, sometimes exceeding claims.

(e) Corrupt

The Regime was characterised by bribery and corruption, oppression and bias. Very powerful and influential barons could overawe or intimidate the Court to give judgement in their favour. Judges were poorly paid.

(f) Declaratory

Common law can only be authoritatively declared by superior courts and only to the extent that it was necessary to do so for the purpose of deciding a particular case.

(g) Dependent on Chance

No authoritative text on Common law. It is not made in vacuum, but derived from the principle of law as declared by judges in the course of deciding particular cases. Its development has always depended upon the incidence of cases and availability of appropriate writ.

(h) Delay

Unless appropriate write is taken, the whole process is repeated; and at high costs.

Adjournments were too easily granted, and justice delayed is justice denied.

(i) Procedure

Proceedings were unsatisfactory and expensive. Take for example, a case of divorce on the ground of a wife‟s adultery. Common law procedure demanded the following steps:

(i) Action in a church Court for judicial separation;

(ii) Action of “criminal conversation” by the aggrieved party to recover damages from the adulterer in the Common Law Court;

(iv) A private Act of Parliament to dissolve the marriage, which alone cost at least

₤500 by the 18^th century.

If there was error in procedure, the whole process is repeated.

(j) Restricted Jurisdiction

English Common law applied only if the case does not fall within certain reserved matters of local customary law such as: land tenure, succession and inheritance, marriage and the family and local chieftaincy cases.

4.0 CONCLUSION

This unit is a continuation of the preceding unit. Both are centred on the “Received English law”. You addressed the “common law” in greater detail in this unit. You also learnt how law grew in England, the Reception enactments and the criteria for incorporation into the Nigerian legal system as well as the problem associated with this. You are making tremendous progress, having studied both local and foreign sources of Nigerian law. A little step more.

5.0 SUMMARY

The actual life of the law has not been logic; it has been experience. Common law is derived from the common customs of the Realm and from the principles, which the Judges of the Curia Regis have built around it in the Royal Courts of old. It has been introduced into Nigeria since 1863 and it remains a source of Nigerian law.

6.0 TUTOR MARKED ASSIGNMENT

Trace the history of Common Law and its reception into the Nigerian Legal System.

7.0 REFERENCES AND FURTHER READINGS

Elias, T.O. (1969). Law in a Developing Society. Being Inaugural Lecture delivered at the University of Lagos on 17 January on the topic “Nigerian Land Law and Custom”.

Elias, T.O. (1956). The Nature of African Customary Law, London: Routledge & Kegan Paul Limited.

Oyakhiromen, I. (2009). The Nigerian Legal System. NOUN published course material, pp.

Park, A. (1963). The Sources of Nigerian Law.

MODULE TWO

Unit 1 Registration of Cooperative Society

Unit 2 General Principles of Contract and Cooperatives Unit 3 Duty and Privileges of Registered Cooperative Society Unit 4 Transfer of a Dead Member‟s Interest

UNIT 1 REGISTRATION OF COOPERATIVE