Law of England (application) Law

LAW OF ENGLAND (APPLICATION) LAW

1. Citation This Law may be cited as the Law of England (Application) Law.

2. Interpretation In this Law “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.

3. Application of the common law and doctrines of equity From and after the commencement of this Law and subject to the provisions of any written law, the common law of England and the doctrine of equity observed by Her Majesty's High Court of Justice in England shall be in force throughout the State.

4. Imperial Acts of general application Subject to the provisions of this Law no Imperial Act hitherto in force within the State shall have any force or effect therein: Provided that, subject to the express provision of any written law, this section 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 anything duly done or suffered under any such Act; or (c) affect any right, privilege, obligation or 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, forfeiture or punishment may be imposed as if this Law had not been passed: Provided that where the penalty, forfeiture or punishment imposed by any written law in force upon or after the commencement of this Law is heavier than that imposed by any such Act as aforesaid, the provisions of such Act whereby the lighter penalty, forfeiture or punishment is imposed shall, unless such written law as aforesaid otherwise provides, be applied if the court decides to inflict any punishment.

5. Saving as to customary law and customary courts Nothing in this Law shall affect the provisions of any Law relating to the right of the High Court or magistrates’ courts to observe or enforce the observance of any existing customary law nor shall it affect the jurisdiction of or the law to be administered by any customary court established within the State.

6. Savings as to Imperial Acts especially applicable to Her Majesty’s dominions or protectorates Nothing in this Law shall affect or apply to or be construed as affecting or applying to any Imperial Act which by express words or by necessary intendment applies to Her Majesty’s dominions or other possessions, or to territories under Her Majesty’s protection and which on the proper construction thereof was immediately before the commencement of the Nigeria Independence Act, 1960, applicable to the State or any part thereof as being included in such dominions, possessions or territories.

7. Savings as to Imperial Acts relating to matters in respect of which the National Assembly has exclusive powers Nothing in this Law shall affect or apply to or be construed as affecting or applying to the provisions of any Imperial Act relating to any matter in respect of which the exclusive power to enact laws is conferred on the National Assembly.