The Common Man and the Cross of the Law in Nigeria: The Parody and Crisis of Life

Abstract

The  Common  man in Nigeria  is closely knitted to nature and he  perceives  himself  as the subject of  the divine, regulated by  native law and  customs.  He is aware of law in the sense of justice and does not need any  written  source to distinguish the right as appropriate  and to abhor the wrong.  His own sense of law does not  require interpretation  and the judges of his own dispute are not influenced by idiosyncrasies  or subterranean forces.  Justice in his own native society  is tailored  towards social  solidarity, hence there is no absolute winner or loser. The advent of modern society  and the arrival of colonial  masters made it imperative for human or positive law.  There was a paradigm shift of the sense of law and justice.  The common man reluctantly  enters the vehicle  of the English law but chose to carry  the cross of the law in his journey to the modern society.  Here is the  parody and the crisis.  This study examines the disorientation and the position of the common  man and  why law has remained  lame in curing the fundamental  ills of society in Nigeria with a view of making law to serve all including the common man.

This study is a doctrinal research and the resources are obtained from both primary and secondary sources.  The primary source includes the Constitution, Statutes and decided cases in Nigerian courts while the secondary sources are books, journals, newspapers, magazines.

The study reveals that a large chunk of the statutes, regulations and rules are like paper tiger as they are ignored in preference to the divine / native law considered sacrosanct.

There is a large disconnect therefore between the human law and what society believes to be law. The idea of justice from the court of law is received with mix feelings. The law can be made more efficacious if it is made to reflect the values, traditions  and beliefs of society.