Understanding Common Legal Terms in Nigerian Law

Question from Richard, Understanding Common Legal Terms in Nigerian Law

Answer from AI:

Legal language can often seem complex due to the specific terms and phrases used. In Nigerian law, certain words and phrases have precise meanings that can significantly impact the interpretation of legal documents and legislation. Here, we’ll explain some commonly used legal terms in the context of Nigerian statutory and judicial authorities.

1. “May” vs. “Shall”

• “May” is generally used to confer a discretionary power. This means that the action is permitted but not compulsory.
• “Shall” is used to indicate a mandatory requirement. It implies an obligation to perform the specified action.

2. “Or” and “And”

• “Or” is used to indicate an alternative between different options, suggesting that only one of the options needs to be chosen.
• “And” signifies a conjunction requiring the inclusion of all options listed.

3. “A Month”

The term “a month” in legal documents typically refers to a calendar month, unless specified otherwise. This is in accordance with the Interpretation Act, which helps in understanding time-related expressions in legal statutes.

4. “Gender”

In legal documents, words importing one gender include the other genders, and this is often clarified in the interpretation sections of statutes to ensure inclusivity and equality.

5. “Notwithstanding”

The term “notwithstanding” is used to indicate that the provision it introduces overrides other provisions that might conflict with it. This term is often used to denote an exception to the rule.

6. “Subject to”

This phrase indicates that the application of the statute or provision is dependent on certain conditions or that it takes lower priority than other specified provisions.

7. “Provided that”

“Provided that” introduces a condition or exception to the rule previously mentioned in a statute or legal document.

8. “Without Prejudice to”

This phrase is used to protect certain rights or assertions, allowing them to be maintained or not affected by the stipulations in the current document.

9. “On”

In legal contexts, “on” is typically used to specify the application or effect of something in relation to particular dates or events.

10. “Jurisdiction”

“Jurisdiction” refers to the official power to make legal decisions and judgments. In Nigeria, jurisdiction can be determined by geographic area or the type of case.

When Legal Advice Might Be Necessary

Understanding these terms is crucial for interpreting legal documents accurately. However, if you are involved in a legal dispute or need specific guidance on the application of these terms in a particular context, consulting with a legal professional is recommended. Lawyers can provide personalized advice that considers all aspects of your situation.

For more detailed information, you can refer to the Laws of the Federation of Nigeria and other legal texts. Legal dictionaries and online resources may also help clarify these terms further.

Remember, while general guidelines can be helpful, they do not substitute for professional legal advice tailored to your specific circumstances.