LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Constitutional Interpretation — Interpretation of Section 28 of the High Court Law of Northern Nigeria
PRINCIPLE STATEMENT
The common law of England adopted under section 28(a) of the High Court Law of Northern Nigeria did not include the doctrine of common employment, which had been abolished in England in 1948.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Nigerian Tobacco Co. Ltd v. Agunanee (1995) NLC-311989(SC) at pp. 14–15; Paras. E–A.
"Section 28 of the High Court Law (Cap. 49) above came into force in 1955 while the Law Reform (Personal Injuries) Act, 1948 which abolished the doctrine of common employment in England was passed in 1948. So clearly in whichever way one looks at it the common law of England adopted under section 28(a) of the High Court Law above did not and could not have included the doctrine of common employment which had been abolished in England in 1948."
EXPLANATION / SCOPE
The reception of English common law is subject to the date of reception. Laws abolished in England before the reception date are not adopted. The principle applies to statutes adopting English law. The doctrine of common employment was abolished in 1948, before the 1955 reception date. Therefore, it never became part of Nigerian law. The rule ensures that only current English law is adopted. The court will not import obsolete doctrines. The principle is fundamental to conflict of laws and reception of English law.
