Page 1 of 11
Journal for Studies in Management and Planning
Available at http://internationaljournalofresearch.org/index.php/JSMaP
e-ISSN: 2395-0463
Volume 01 Issue 01
February 2015
Available online: http://internationaljournalofresearch.org/ P a g e | 55
Equity as a Fundamental Tool for the
Dispensation of Justice in Nigeria
Kabiru Garba Muhammad*
*Lecturer, Faculty of Law, Usmanu Danfodiyo University, Sokoto – Nigeria.
kaybeedlaw@gmail.com
Abstract
A key factor in the administration of justice
in England (from where Nigeria legal
system is sourced) was the Lord Chancellor,
whose function was amongst others, issuing
of royal writs used to commence every
action at common law. The rule was that a
plaintiff had no cause of action unless his
claim came within the scope of an existing
writ. By issuing new writs and varying
existing ones, the Chancellor was able to
influence the development of the common
law; though, the influence was limited
because even if a plaintiff acquired a writ to
fit his claim, the writ could be declared
invalid by a common law judge. However,
this conservative attitude of the common law
judges was subsequently alleviated. A
plaintiff who could not obtain redress owing
to lack of a remedy or failure to administer
it could petition the King in Council praying
that the King might exercise his wide
discretionary power to do justice among his
subjects. The Chancellor, as the King’s chief
minister, was dealing with these petitions.
Gradually, the Chancellor was determining
matters that were raised in the petitions
independent of the King in Council such that
petitions were subsequently addressed
directly to him. The issues were tried in his
court and decrees were made in his name.
This informed the beginning of the equitable
jurisdiction of the Court of Chancery. The
paper discussed the relevance of equity both
in literal and technical senses in the
dispensation of justice in Nigeria.
Keywords: Equity; fundamental tool;
dispensation; justice
1. Introduction
The focus of this paper is on the
fundamental role equity plays in the
dispensation of justice in Nigeria. The paper
is segmented into five parts as thus:
introduction; justice administration in
Nigeria; concept of equity; role of equity in
the dispensation of justice in Nigeria; and
conclusion.
It is trite that one of the notable
characteristics of Nigerian legal system is
the tremendous influence of the English law
upon its growth. The historical link of the
country with England has left a seemingly
indelible mark on the system. Hence,
English law forms a substantial part of
Nigerian law.1
The received English law
which is part of Nigerian law consists of the
1
A. O. Obilade, The Nigerian Legal System,
(Spectrum Books Limited, Ibadan, 2005), p.4.
Page 2 of 11
Journal for Studies in Management and Planning
Available at http://internationaljournalofresearch.org/index.php/JSMaP
e-ISSN: 2395-0463
Volume 01 Issue 01
February 2015
Available online: http://internationaljournalofresearch.org/ P a g e | 56
common law, doctrines of equity, statutes
and subsidiary legislation. The received
English law has been introduced into
Nigerian law by Nigerian legislation.
Usually, where a court is empowered to
administer the received English law,
provisions relating to its application by the
court are contained in the enactment which
created the court and subsidiary legislation
made under the enactment. This is in
addition to other legislation which
introduced the received English law into
Nigerian law.2
Accordingly, a set of legal
norms forms a system which is more or less
cohesive whole to a certain degree,
consistent in its application, and further,
related such as some of them are superior in
rank to others or some derive their validity
from others.3
In view of this, the paper
proceeds to discuss justice administration in
Nigeria to serve as a prelude to the main
subject matter of our discussion.
2. Justice Administration in Nigeria
It is worthy of note that Nigerian legal
system is comprised of:4
i. Nigerian legislation such as Acts of
the National Assembly, Laws of the
2
Ibid, p.69.
33 J. M. Elegido, Jurisprudence, (Spectrum Books
Limited, Ibadan, 2002), p.373.
4
A. O. Obilade, op.cit, pp 55-135.
States Assembly, Local Government
Bye-Laws amongst others;
ii. The received English law consisting
of the common law, the doctrines of
equity, statutes of general application
in force in England on January 1,
1990, statutes and subsidiary
legislation on specified matters and
English law made before October 1,
1960 and extending to Nigeria;
iii. Islamic law;
iv. Customary law; and
v. Judicial precedents.
The administration of the laws as mentioned
above in Nigeria is vested in the judicial arm
of the government as part of its
constitutional responsibility to discharge
judicial powers of interpretation of laws,
judicial decisions on matters brought before
it, etc.5
The judicature consists of several courts
some of which are directly mentioned in the
constitution; while the establishment of
others is by states deriving validity from the
constitution. The courts are categorised into
federal and states’ courts; and superior
courts of record and inferior courts
5
Section 6, Constitution of the Federal Republic of
Nigeria (CFRN) 2011.
Page 3 of 11
Journal for Studies in Management and Planning
Available at http://internationaljournalofresearch.org/index.php/JSMaP
e-ISSN: 2395-0463
Volume 01 Issue 01
February 2015
Available online: http://internationaljournalofresearch.org/ P a g e | 57
respectively. The federal courts are those
courts established for, and whose
jurisdictions cover the federation and
Federal Capital Territory specifically. The
states’ courts are those courts, some of
which are directly mentioned in the
constitution; and others established by
deserving states deriving the validity from
the constitution. The superior courts of
record are only those courts specifically
mentioned in the constitution which include:
the Supreme Court of Nigeria; Court of
Appeal; Federal High Court; High Court of
the Federal Capital Territory; High Court of
a State; Sharia Court of Appeal of the
Federal Capital Territory; Sharia Court of
Appeal of a State; Customary Court of
Appeal of the Federal Capital Territory and
Customary Court of Appeal of a State.6
Furthermore, each state of the federation is
empowered to establish courts for the proper
dispensation of justice in the state such as
magistrate courts, sharia courts, area courts,
customary court, etc.7
There are also special
courts established for specific purposes such
as juvenile courts, coroners’ court, tribunals,
6
Ibid.
7
Ibid.
industrial court and military court amongst
others.8
In a nutshell, the judicature or the judiciary
as analysed above is saddled with the
responsibility of administration and/or
dispensation of justice in Nigeria. Appeals
against the decisions of the lower courts lie
in higher courts in succession till they reach
the apex court which is the Supreme Court
of Nigeria. On the other hand, decisions of
the higher courts are used as precedents by
the lower courts. Having briefly analysed
the dispensation of justice in Nigeria, the
paper proceeds to discuss the concept of
equity.
3. Concept of Equity
The term equity may either be viewed in the
literal or technical sense. It is perceived by a
layman in the literal sense on a general
perspective as meaning, right doing, good
faith, honest and ethical dealings in
transactions or relationships between man
and man or whatever is right and just in all
human transactions and relationships.9
However, the term is used technically in two
senses in Nigerian legislation. It may be the
8
A. O. Obilade, op.cit, pp.216-223.
9
M. I. Jegede, Principles of Equity, (Ethiope
Publishing Corporation, Benin City, 1981), p.7.
