Applicable Laws (miscellaneous Provisions) Law
Text as published in Laws of Delta State. Reproduced for reference. Verify against the Gazette before relying on it in court.
Preliminary
APPLICABLE LAWS
(MISCELLANEOUS PROVISIONS)
LAW.
Section 1
1. Citation
This Law may be cited as the Applicable Laws (Miscellaneous Provisions) Law.
Section 2
2. Interpretation
In this Law -
"Common law and the doctrines of equity" means the principles of common law and the
doctrines of equity as they obtain and are being developed in Nigeria.
"Imperial Act" means any statute enacted by the Parliament of England, the Parliament of
Great Britain, the Parliament of the United Kingdom of Great Britain and Ireland or the
Parliament of the United Kingdom of Great Britain and Northern Ireland.
Section 3
3. Application of the common law and doctrines of equity
From and after the commencement of this Law and subject to provisions of any written
law, the common law and the doctrine of and equity shall continue to be in force
throughout the state.
Section 4
4. Imperial Acts not to be applicable
(1) Subject to the provisions of this law no Imperial Act hitherto in force in and within the
legislative competence of the State shall have any force or effect in the State.
(2) Subject to the express provisions of any written law, subsection (1) shall not -
(a) revive anything not in force or existing at the commencement of this law; or
(b) affect the previous operation of any Imperial Act to which this section applies or
any thing duly done or suffered under any such Act; or
(c) affect any right, privilege, obligation, liability accrued or incurred under any
such Act; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against any such Act; or
(e) affect any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued
or enforced and any such penalty, for failure or punishment maybe imposed as if this
law had not been passed.
Section 5
5. Savings as to Islamic Law, Customary Law, Area Courts and Customary
Courts.
Nothing in this Law shall affect the provisions of any Law relating, the right of the High
Court or Magistrates Courts to observe or enforce, the observances of any existing Islamic
law or customary law nor shall it affect the jurisdiction of or the law to be administered by
any Sharia Court of Appeal, Area Court, Customary Court of Appeal or Customary Court
established within the State.
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