Independent Clearing House for
Nigeria's Justice Sector
|HISTORY AND LEGAL SYSTEM|
Borno state, with capital at Maiduguri, was created on the 3rd of February 1976 as one of the emergent states out of the defunct North-eastern State. Later in August 1991, the State State was on its own divided to yield Yobe State.
Located in the north-eastern corner of Nigeria, Bornu lies between latitude 10oN and 13oN and longitude 12o and 15o, it covers all of 70,898km2, making it the second largest state in Nigeria. The State shares a boundary with Adamawa State to the South, Gombe State to the west and Yobe to the North-west. A large part of the state lies within the Chad Formation.
The population of Borno State according to the National Population Commission is 4,170,104- (Male: 4,170,104; Female: 2,007,746.) The majority of the people are farmers, herdsmen and fishermen. Agriculture is, therefore, the mainstay of the economy. The crops grown include guinea corn, maize, millet, wheat, groundnut, rice, beans, cowpeas, and cassava. The state land under cultivation is about 1,794,400 ha.
Currently, the State owes its legal existence to the provisions of the Constitution of the Federal Republic of Nigeria. As a State, it is constitutionally mandated to establish:
1. an Executive arm of government headed by an elected Governor;
2. a legislative arm of government which members shall be drawn from constituencies defined in the Constitution. Its activities are presided over by a Speaker elected by the members of the State House of Assembly which oversees the exercise of the State’s legislative energies;
3. a judicial arm made up of judges, magistrates and other officers that help in the administration of justice and related activities within the State. The judicial arm is headed by the State’s Chief Justice. Nonetheless, judicial pronouncement of the State’s tribunals are subject to the appellate review of the Court of Appeal and the Supreme Court of Nigeria, in that order;
maintain the Local Government level of governance.
Presently, the Nigerian Constitution prescribes 27
Local Government Areas for the State.
5. mobilize the powers of the State, the institutions and resources of its arms and levels of government in order to secure a socio-economic environment for persons resident in the State and its other stakeholders to pursue legitimate goals in dignity under the State's justice administration umbrella.
The Borno State legal system comprises;
1. The compendium of Constitutional provisions applicable to the State as one of the 36 States that constitute the Nigerian Federation;
2. Laws made by the Federal Legislature applicable throughout the entire federation or specifically to Borno State;
3. Laws made (or deemed to have been made), by the State’s legislature;
4. Laws made by Local Government Councils in the State;
5. Customary laws or other customs of the market place applicable under the operation of Law;
6. Judicial precedents of the courts of the State and of appellate courts with jurisdictions over its tribunals like the Court of Appeal and the Supreme Court of Nigeria;
precedents of federation tribunals like the Federal
High Court, the National Industrial Court, Code of
Conduct Tribunal, Investments and Securities Tribunal
and so on to the extent to which their mandates allow;
Law enforcement institutions, law
enforcement officers, judges, legal
practitioners, judiciary workers, other
professionals and persons recognized at various
levels as part of the justice administration
complex of the State.
Sources of Borno State Legal System include:
1. The Constitution of Nigeria (including its amendments and other laws it refers to expressly as having the same character as provisions contained within the formal Constitutional document;
2. Laws of the Federation of Nigeria;
3. Legislations of the National Assembly applicable to Borno State;
4. Legislations of the State House of Assembly;
5. Recognized customs of the people of Borno State;
6. Judicial precedents of courts with judicial authority over Borno State;
7. Local Government edicts.
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