customary law cases in nigeria

3. All appeals involving questions of Customary Law shall be entered in the Court. Found inside – Page 288Thus, there is divergence between “lawyers' customary law” and ... 'Judicial Development of Customary Law: A Case of Marriage Law in Ghana and Nigeria', ... Research support is also available. Customary law in Nigeria favours men over children in custody cases. When a person dies without leaving a will, such a person by law is deemed to have died intestate. AGU v. IKEWIBE: A BRIEF SUMMARY In the Agu case, the claim was for a declaration of title to land. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia (Islamic)Law. English law in Nigeria is derived from the colonialNigeria, while common law is a development from its post colonial independence. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law. It also examines the pluralistic nature of Nigeria in terms of ethnicity, religion, and law, and argues that the religious law paradigm is problematic for the discussion of laws at the global level generally and within the Nigerian legal system in particular. These formalities may take place in or out of court: S.N. Unlike in English law dissolution of marriage under native law … Age requirement. In the case of Savage v Maltery (4) the Court held that the Marriage between a Yoruba girl and a Sierra Leonean man is void and in Fonesca v Passman (5) same was held for the Marriage between an Efik girl and a Portuguese man. For instance, Bairamian in Owonyin v Omotosho (1961) 1 ALL NLR defined customary law as “a mirror of accepted usage”. … There are two kinds of marriages accepted under Nigerian law. Although the claim before the trial Area Court were purely civil proceedings involving question of Customary Law. As in other parts of Nigeria the Binis have multiple customs and traditions (customary law), examples of these are Bini customary law of marriage, Bini customary land Tenure system and Bini customary law of inheritance and succession. This compendium brings together in a single volume, abstractions from leading, and decided cases in Nigeria, as well as principles from decided cases in other legal jurisdictions. The Complete Research Material is averagely 62 pages long and it is in Ms Word Format, it has 1-5 Chapters. 1.3 Purpose of the Study. Carried out by the Nigerian Institute of Advanced Legal Studies this project brings to an end four years of a massive research undertaking involving desk review; field research covering four geo-political zones in Nigeria; collation and ... The present study does not attempt to define “customary law”, but some general comments on its character may be helpful. The aim of the contemporary study was to examine the legal effects of customary law marriage in Nigeria. A. It is said that custom is … The first and second volumes cover the judgments of the Supreme Court on Practice and Procedure, Courts, Criminal Law and Procedure and Evidence. The last two volumes cover contemporary issues in different branches of law. If it did so, as in this case, then the customary law so declared is presumed to be cored unless the contrary can be proved in either of the following two cases: Nigeria operates a dual legal system. (1) A Customary Court shall have and may use an official sea; bearing the device and impression approved by the Commission with the inscription “The Customary Court of Lagos State”. Despite the divergent nature of customary law in Nigeria every marriage contracted under customary law must fulfill the requirements of the particular customary law where it was celebrated. Supreme Court prefers the "descent test" rather than the "manner of life test" in deciding whether customary law or any other type of law should govern the affairs of any Nigerian on his death. READ ALSO: Eritrea marriage law: 2 wives. The first one is a wedding performed with the signing of a Marriage Act, and it only allows monogamy. First Published in 1971. Routledge is an imprint of Taylor & Francis, an informa company. The breakdown of a marriage comes with emotional, financial, health and social consequences for the couple, their children and their extended families in some cases. CUSTODY OF CHILDREN UNDER CUSTOMARY LAW IN NIGERIA One of the most contentious consequential or ancillary aspects of dissolution of customary law marriages like other forms of marriages is the issue of custody of children. ABBA KYARI: CUSTOMARY INTERNATIONAL LAW IMPOSES ABSOLUTE JURISDICTIONAL LIMITATIONS ON FBI. Marriage is a universal institution recognized and respected throughout the world. In order to ensure its efficacy, a customary arbitration award should not be subjected to the principles of English law by the court testing whether the decision of the customary tribunal meets English law standards. It is regulatory in that it controls the lives and transaction of the community subject to it. The aim of the contemporary study was to examine the legal effects of customary law marriage in Nigeria. CUSTOMARY LAND TENURE SYSTEM. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. 4. This is because the history and composition of the English system of adjudication is different from customary arbitration in Nigeria. Spectrum Books, 2000 - Law - 264 pages. It pontificates that customary international law is recognized by the present state of the Nigerian legal system and makes a case for its application in Nigeria. MOHAMMED, ESQ. customary law has been a subject of intense debate. Found inside – Page iiIn some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. The absence of the codification of these rules has presented difficulties in ascertaining them. NATURE OF CUSTOMARY LAND TENURE SYSTEM. Marriage has been defined as a voluntary union between a man and a woman or women (in the case of customary marriage) for life to the exclusion of any other. In other words, it is a legal union which exists between a man and a wife(s). The practice is acceptable world over and it is usually legally recognized. In many Nigerian … Spectrum Books, 2000 - Law - 264 pages. Defining and characterising “customary law” would itself be the subject of an extended study. This case falls on all fours with Lasisi v. Tubi (1974) 12 S.C. 62 (Reprint) at pages 64-66, where this Court per Dan Ibekwe JSC stated the position of the law on customary tenancy as follows: "We wish to begin by emphasizing the fact that, under our law, the customary tenant enjoys a most enviable position. Customary and Islamic law marriages are potentially polygamous (11). This Essay discusses the 'religious law' and 'customary law' paradigms in the context of the Nigerian legal system. It is contrary to the customary international law and some Nigerians believes that FBI can effect a valid arrest of Nigerian Citizen on Nigerian soil. Inheritance is commonly patrilineal and sharing of assets tends to be in favor of the male child.Below we have listed the rules of inheritance (by customary laws) of some ethnic groups in Nigeria. Customary law and intellectual property system: the issues What is customary law? See also Eshugbayi Eleko v Government of Nigeria, supra. accordance with the applicable customary law. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. Court of Appeal’s judgement (on how to prove customary marriage in Nigeria) in the case of MOTOH v. MOTOH (2010) LPELR-8643(CA). Volume 1 on public law provides an introduction to the Nigerian legal system. The present study does not attempt to define “customary law”, but some general comments on its character may be helpful. Found inside – Page 35It is a fundamental principle of law that to sustain a plea of res judicata in a case the party raising the plea must show that ... more recent customary courts , where lawyers trained in the art of drafting claims and settling pleadings with precision ... The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court. The Sharia/ Muslim law on the other hand is equally a part of the customary law. This law is the same as the Islamic law, which predominates in the northern part of Nigeria and it had been in use since 1959. The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. The customary court is responsible for enforcing the ethnic customary laws. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court. Under customary law, parties do not have equal rights in matters of marriage, dissolution and right of property because marriage is a union between two families (22). In Nigeria, rules have been handed down orally from generation to generation and now form the country's customary law. CASES/JUDGMENTS ON CUSTOMARY LAW IN NIGERIA (2) [Judgment (s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. The absence of the codification of these rules has presented difficulties in ascertaining them. Defining and characterising “customary law” would itself be the subject of an extended study. To analyse and examine the concept of customary arbitration in Nigeria ii. This is the third edition of an established and leading book on family law in Nigeria. Since the last edition in 1990 significant judicial and statutory enactments have taken place in the area of study. One wonders why such discriminatory customary practices continue to prevail in some parts of Nigeria especially among the Igbo tribes leaves a lot to be desired. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do … Customary and Islamic law marriages are potentially polygamous (11). Customary law consists of the indigenous customs of traditional communities. Supreme Court prefers the "descent test" rather than the "manner of life test" in deciding whether customary law or any other type of law should govern the affairs of any Nigerian on his death. However, the recent decision in the Agu case4 seems to have heightened the confusion of thought hitherto existing about the law and practice of customary arbitration in Nigeria. BY: M.T. As a social institution, marriage is founded and governed by the social and religious norms of society [1] . Unlike ordinary social habits and observances, the rules carry along with them local sanctions for their breach. Study Level: Study Level: BTech, BSc, BEng, BA, HND, ND or NCE. Found inside – Page vpage Vij X Table of cases Table of statutes Bibliography Periodicals xvi PART I : LAW WITHIN THE NIGERIAN ARMY 1 ... Army Customary law Local Nigerian legislation as a source Received English law Case law 3 Legal status of a soldier ... Someone under the age of 21 years could get married under statutory law. It consists of the President of the Court of Appeal and such number of other justices, not less than forty-nine, of which a minimum of 3 shall be learned in Islamic personal law and also at least 3 learned in Customary law. , women rarely inherit and mostly obtain use rights through their husbands customary law cases in nigeria the... 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