Carl Von Savigny’s Perspective And The Trajectory Of Nigeria's Legal Experience

Abstract

This paper examined Carl Von Savigny’s Perspective and the Trajectory of Nigeria's Legal Experience. The paper discussed important areas on the historical school such as: the trajectory of Nigeria Legal Development from pre-colonial periods to the present time, some rules of Customary Law, gradual stages of the changing in Constitutional Law, Savigny’s views and the changing dynamics of the Nigeria Constitutional process going through the history of the development of equity from common Law and the reception of English Law in Nigeria, the turning points on recognition of offspring of polygamous marriage while doing away with the English tradition of denying products of polygamous marriage the right of succession to their father’s property on the ground of public policy that the Law should discourage all acts of promiscuity. The paper discussed the relationship between English law vis-à-vis the rules of Customary laws, where those rules of customary laws are incorporated insofar as they survived the three tests of repugnancy, incompatibility, and public policy. In giving effect to the traditional rules of Customary Law, the Court premised its decisions on common Law and decency. The paper stressed the fact that the relevance of Savigny’s perspective lies in the fact that the marriage of English law to Customary Law in Nigeria is that of historical significance and the culmination of the effects of colonialism that witnessed the emergence of schools, industries, import and export businesses, the petty trading metamorphosing to the existence of corporate bodies and corporations, an entirely new form of government which necessitated radical changes in Nigeria law. A qualitative research methodology familiar with the social sciences was adopted in this paper. The Finding revealed that Savigny’s postulation that the Law of a country could be complemented with one’s native Law is unassailable. It is a fact that in drafting a nation’s Constitution, there is always broad consultation with the people. Thus, the volks geist, i.e., the thinking minds, are behind its making. Finding further shows that even in construing an Act of Parliament, since the legislators are also representatives of their people, they are deemed representatives of the minds of their people. Thus, in every real democratic setting of the modern state, the thinking minds roared in the making of genuine laws.