LEGAL PRINCIPLE: PRIVATE INTERNATIONAL LAW — Conflict of Laws — Doctrine of Common Employment Not Part of Common Law of Northern Nigeria After 1948
PRINCIPLE STATEMENT
The doctrine of common employment was never part of the common law of Northern Nigeria after 1948, and it is consequently not necessary for a law to be passed abolishing it.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Nigerian Tobacco Co. Ltd v. Agunanee (1995) NLC-311989(SC) at p. 28; Paras. E–F.
"The doctrine was in fact never part of the common law of Northern Nigeria, certainly not after 1948, and it is consequently not necessary or even relevant for a law to be passed in any Northern State abolishing the doctrine. The position therefore is that the doctrine of common employment did not exist as a defence in the instant case."
EXPLANATION / SCOPE
If a legal doctrine was never received into Nigerian law, no legislation is needed to abolish it. The doctrine of common employment was abolished in England before the reception date. Therefore, it never existed as a defence in Nigeria. The principle clarifies the status of English common law doctrines. The court will not apply doctrines abolished before the reception date. The rule applies to all reception statutes. The party seeking to rely on an English doctrine must show it was in force at the reception date.