Nigerian public life has a tradition of justifying questionable legal actions with the doctrine of necessity, a principle originating from the UK's unwritten constitution. This doctrine allows for actions deemed unlawful under normal circumstances if they are necessary to prevent greater harm, such as escaping a burning building. However, Nigeria, with its codified Constitution of 1999, presents a stark contrast. The constitution, seen as the supreme law, renders any act inconsistent with it void. The article questions how the doctrine of necessity can coexist within a constitutional democracy like Nigeria, highlighting the tension between the flexible nature of UK law and the rigid framework of Nigeria's constitution.
When “We Had No Choice” Becomes a Legal Doctrine: The Doctrine of Necessity in Nigerian Constitutional Law by Lawson Akhigbe
Centre for Nigeria Progress 