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There are basically two types of law questions. We have the Law Problem questions, and the Law Essay Questions. In answering Law Problem Questions, is it essential that one makes Good use of IRAC.

Problem Questions are those questions in law that involve a case scenario. Today, I wish to teach you how to answer Law questions using IRAC, with a very good paradigm.

IRAC is an abbreviation that stands for Issue, Rule, Application, and Conclusion. Merely looking at the words above, one should be able to easily denote the plain meaning of IRAC and how to use it.

Click here to read about the definitions of Law

IRAC is used specifically in answering legal questions that involves a case. It is a very simple approach to understanding the lawyer’s way of solving a problem or case, and then bringing it before a Judge in a court of law. Let us consider the use of IRAC in regards to a particular case as a paradigm for better understanding.


FACT OF THE CASE

(The case below is extracted from ‘Introduction to Nigerian Legal Method’ edited by Abiola Sanni)


Chief Ologbenla was married to three wives before his death. At his death, Kudiowo, his youngest wife was 20 years old. Being a ravishing beauty, Paso, the younger brother of chief ologbenla, took interest in her and pronounced her his wife as inheritance.

Kudiowo who as just graduated as a medical doctor from the university of lagoon has refused to be bound by such rule quoting sections of the newly promulgated prohibition of Forced Marriage Act, which render void any religious or customary rule, that encourages marriages without the other party’s consent.

Paso has argued that the ‘law of God’ is superior to the ‘law of man’ and that Kudiowo should be compelled to marry him as instituted by God.

Question: Take up this case as Kudiowo’s lawyer.

ISSUES

* Whether or not Paso’s claim satisfies the condition of being referred to as a customary law?

* Whether or not Paso’s pronouncement of Kudiowo as his wife is really based on ‘Divine Law’?

* Whether or not Paso’s stand may be justified on the bases of being a Religious Law?

* Whether the ‘Law Of God’- Divine Law, is in any way superior to the ‘Laws Of Man’-Positive Law?

* Whether or not a marital institution can be formed without the consent of either of the two parties involved in the marriage contract?

* Whether or not a person like Kudiowo, having just graduated as a medical student from the university, can have sufficient knowledge of the newly promulgated prohibition of Forced Marriage Act.

RULE

In Nigeria, the validation of a custom and its enforcement by the courts as a customary law is based on the satisfaction of three main tests. These include:

* The repugnancy test, which means that the custom must not be repugnant to natural justice, equity and good conscience.

In Eskugbaye Eleko v. Government of Nigeria [1931], lord Athin said:
‘The court cannot itself transform a barbarous custom into a milder one. If it stands in it barbarous character, it must be rejected as repugnant to natural justice, equity and good conscience’.

Also the provisions of section 16 of the Evidence Act Cap 214 laws of the Federation of Nigeria 2011 state clearly that:

‘provided that in case of any custom relied upon in any judicial proceeding, it shall not be enforced as law if it is contrary to public policy and it is not in accordance with natural justice, equity, and good conscience’.

Click here to read on the Natural theory of Law, its merits and demerits

* The incompatibility test.

As professor Akintunde Obilade rightly submitted:

‘Customary law is so inconsistent with English Law that prescribing an incompatibility test by reference to English Law would result in virtual abolition of customary law’

* The public policy test

Uwaus, J.S.C in Okonko v. Okagbu and ORS [1984] has argued that
‘…equality in it broad sense, as used in the repugnancy doctrine is equivalent to the meaning of ‘Natural Justice and embrace almost all, if not all, the concept of good conscience…’

There are four distinct legal systems in Nigeria, which are the English Law, Common Law, Customary Law, and Sharia [Islamic] Law.
Section 1 [3] of the Nigeria constitution states:

‘If any law is inconsistent with the provision of this constitution, this constitution shall prevail and that other law shall to the extent of inconsistency be void’.

It is provided by article 16 [2] of the Universal Declaration of Human Right [UDHR], 1948, that marriage should be mutually contracted by both parties. This is further enforced by the prohibition of Forced Marriage Act.

Section 22 and 39 of the 1999 constitution guarantee freedom of expression and statutory roles for the press.

Click here to widen your scope on thePositive theory of Law and arguments against it


APPPLICATION, ANALYSIS OR ARGUMENT

Before diving into whether, or not, it is legitimate to set aside human [positive] law for God’s [divine] law, it is essential that we give a careful analysis to the stand of Paso and Kudiowo. Paso has pronounced Kudiowo, his late brother’s wife, as his new wife, because of the facts he believes to be the Divine Law, and Customary Law.

Nevertheless, for a custom to be able to become a Customary Law, it has to pass tests of Natural Justice, equity, good conscience, public policy, among others. Unfortunately, the Customary Law that allows a man to marry his brother’s wife, with or without the woman’s consent has totally and woefully failed to pass most of these tests. It is not just, neither is it fair nor of good conscience, to keep such a primitive custom.

Also, the custom is incompatible, directly and by implication, with the prohibition of the Forced Marriage Act. All these makes the custom unqualified to be regard as a Customary Law, and therefore has no stand with the law, neither should it be used to prove a point.

Moreover, the Quotation from the Holy Books should not be regarded as Divine Law, since they are not part of the 10 commandments, and could have been made by anybody. Perhaps, the prophets and ancient rulers like Moses, inter alia.

Even at the exception of this, the greatest validity of any law is the conformity with the supremacy of the constitution. So, whether or not the quotations are of Religious Law, it is subject to the dictates of the prohibition of Forced Marriage Act, as enshrined in the constitution.

Click here to read on the similarities and differences between the Natural and Positive theory of Law

Therefore, the two basis of Paso’s claim, Divine and Customary Law, is baseless, invalid and should be declared null and void without further ado.


CONCLUSION

Kudiowo has shown to be of vast knowledge, by knowing, understanding and applying the prohibition of Forced Marriage Act, which she could have read anywhere, perhaps through the press.

It is therefore submitted to this honourable court that Kudiowo be protected by law from being forced to be married by Paso. The prohibition of Forced Marriage Act has rightly been established, and it must be enforced.

From the analyzed case above, it is crystal clear that the use of IRAC as a model of solving issues the legal way is not so much a cumbersome approach. If rules and authorities are adequately mastered, the use of IRAC is a perfect approach to adequately disentangling problems anytime, any day.

I have a post on the Pure theory of Law , click to read it.

** I hope by now you have the full gist on using IRAC to tackle any Law Problem question. The above case is just a paradigm, you should write something better than that.

Note that when you are answering Law questions proper, you do not need to write the subheadings like I have written here. Just compose into readable and appropriate paragraphs. And move your reader with the flow.

Most times, you may be asked to advice the parties. So, make sure you shoot the arrow as the target lies.

Good Luck. See you later. God Bless You


REFERENCES

Lawemory.edu/e:lr/content/volume-25/issue-2/religious-customary-laws-nigeria.
en.m.wikipedia.org/wiki/Law-Of-Nigeria.
Web:nigerianlawclass./2014/07/26/the-validity-of-customary-law-as-a-source-of-nigerian-law-by-burabari-adule-nkor/ampl
allafrica.com/stories/200204020080.html
Introduction to Nigerian Legal Method. Edified by Abiola Sanni.
LEGAL METHOD [The Nigerian Legal Method] by Eze Malemi.