Found inside – Page 34principle that customary law pledge is perpetually redeemable,43 pledgors do ... a lot of court cases in Nigeria have assented that alienation of interest ... 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. This book helps to overcome this difficulty by presenting various aspects of customary law stating clearly that no single uniform set of customs prevails throughout the country. Nigeria's is one of these: it consists of a supreme court, appeal court, high court and magistrate court - as well as sharia and customary courts. Customary law is the organic or living law of the indigenous people of Nigeria regulating their lives and transactions. Customary law, or native law and custom and its enforcement system was the only legal system that existed among the indigenous peoples and communities, long ago, before the colonialists, and other religions and systems of law came and took root in the area known today as Nigeria … Customary law consists of the indigenous customs of traditional communities. 4. Found inside – Page 411subject matter of the case and the issues raised therein. c. ... In customary law cases, in which written pleadings are not filed, the court can look at the ... As a social institution, marriage is founded and governed by the social and religious norms of society [1] . Nigeria has over 250 ethnic tribes and this means that the pattern of inheritance under customary law will vary according to each ethnic group. The content of this article is much related to the Nigerian Customary Criminal Law system, therefore I enjoin my foreign readers to just enjoy reading through the article. To analyse and make a critical analysis of customary arbitration in Nigeria. There are two kinds of marriages accepted under Nigerian law. The absence of the codification of these rules has presented difficulties in ascertaining them. ABBA KYARI: CUSTOMARY INTERNATIONAL LAW IMPOSES ABSOLUTE JURISDICTIONAL LIMITATIONS ON FBI. The aim of the contemporary study was to examine the legal effects of customary law marriage in Nigeria. customary law has been a subject of intense debate. It enjoins the judiciary But in certain cases like adultery, Department of International Law and Jurisprudence, Faculty of Law, Nnamdi ... Nigerian law on divorce was based on the “offence theory”. Nigeria Facilitator, School of Law, National Open University of Nigeria, Uyo Study Centre ABSTRACT: Some researchers have opined that Customary Law regulates the lives of about 80% of Nigerians and that is why it is being argued that Nigerian courts should enforce Customary Laws. 0 Reviews. All appeals involving questions of Customary Law shall be entered in the Court. Court of Appeal’s judgement (on how to prove customary marriage in Nigeria) in the case of MOTOH v. MOTOH (2010) LPELR-8643(CA). The specific objectives of this study are: To define marriage, types of marriage in Nigeria. Found inside – Page 36These are important changes and their effect upon customary law and its development should not be underestimated . In 1959 the Customary Courts of Western Nigeria decided 90,000 civil cases , the " English " courts ( High Court and ... Found inside – Page 242Cases heard at a Customary Court may move up to the Magistrate Court and then to the High Court, also located in each state across the country. READ ALSO: Eritrea marriage law: 2 wives. AGU v. IKEWIBE: A BRIEF SUMMARY In the Agu case, the claim was for a declaration of title to land. First Published in 1971. Routledge is an imprint of Taylor & Francis, an informa company. Spectrum Books, 2000 - Law - 264 pages. 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: 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. A. Kolajo. Customary law in Nigeria favours men over children in custody cases. 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. English law: Just like I noted before, English law contributes greatly in the laws of Nigeria. Keywords: Nigeria law, customary law, custom ary law courts, natural courts 1 INTRODUCTION In the past, sole c ustomary law was the only source of law in pre -colonial sub- Saharan Africa. 1.3 Purpose of the Study. Project Topic Details. CUSTOMARY LAND TENURE SYSTEM. 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. 3. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. The Law of Nigeria consists of courts, offences, and various types of laws. 1. See also Eshugbayi Eleko v Government of Nigeria, supra. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. 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. 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. These formalities may take place in or out of court: S.N. Found inside – Page 29( 2 ) The Customary Courts Adviser shall report any case to the Minister where a District or County Court to whom he has given advice under the provisions of sub - section ( 1 ) has rejected such advice and shall , in such a case transfer such ... The … Customary law in Nigeria through the cases by A. 23 (1959) 4 FSC 44, (1959) NRNLR 90 24 The Impact of the repugnancy Test on the Application of Islamic Law in Nigeria, JICL 18 (1991) P. 53 25 Islamic law is no customary law. The courts are directed to apply customary law in any civil matter where the parties are natives of Nigeria or persons of Nigerian descent. Customary Law in Nigeria Through the Cases. 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 Complete Research Material is averagely 62 pages long and it is in Ms Word Format, it has 1-5 Chapters. accordance with the applicable customary law. A. Most of the cases were initiated by women on grounds of the negligence of children and wife … THE APPLICATION OF CUSTOMARY LAW IN NIGERIA. Customary law and intellectual property system: the issues What is customary law? The norms applied as ‘customary law’ by the Ghanaian and Nigerian courts sometimes diverge from the social norms which people customarily regard as binding upon them. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. Found inside – Page 24The reason may not be surprising – customary law is an unwritten product of ... See other Nigerian Supreme Court cases of Idehen v Idehen (1991) 6 NWLR (Pt. customary law. In Nigeria, where a person who died intestate was not subject to customary law and contracted a valid marriage under the Marriages Act during his lifetime, the intestacy rules will be applied to administer and distribute his property to the heirs or beneficiaries. Notice of appeal. SAMSON OWIE V. SOLOMON IGHIWI In The Supreme Court of Nigeria On Friday, the 21st day of January, 2005 SC.257/2000 RATIO CUSTOMARY LAW: WHAT PROCEDURE FOR ACQUISITION OF SUCH TITLE… Continue Reading SAMSON OWIE V. SOLOMON E. IGHIWI-2005 The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do … Alh. 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. Therefore, the sanctity of marriage is a well-accepted principle in the world community. This project work is intended to achieve the following objectives: i. For instance, Bairamian in Owonyin v Omotosho (1961) 1 ALL NLR defined customary law as “a mirror of accepted usage”. The patterns of intestate inheritance and succession under Customary Law in Nigeria have almost as many variations as there are ethnic groups in the country. Research support is also available. 1.3 Purpose of the Study. A Customary law marriage may be dissolved by the death of a wife However, where it is the husband that dies, this may not be the case. Found inside – Page 879the customary law rule was “ contrary to natural justice , equity and good conscience " , it had to be rejected . ... 26 In that case , the court in Nigeria refused to enforce the Efik customary law which would have awarded patemity to an estranged ... When the Mid-Western Region was created in 1963out of the old Western Region, the Laws of the former became applicable in the new Region and continued to function until the promulgation of the Customary Courts Customary and Islamic law marriages are potentially polygamous (11). The ethnic Customary law is uncertain, unwritten, and difficult to ascertain. 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 ... Defining and characterising “customary law” would itself be the subject of an extended study. 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. . According to the applicable law in Edo State, the Area Customary Court has the power to declare the customary law of the area within its, jurisdiction in any particular case before it. This is because the history and composition of the English system of adjudication is different from customary arbitration in Nigeria. 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. The ethnic Customary law is implemented in customary courts. 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. Keywords: Nigeria law, customary law, custom ary law courts, natural courts 1 INTRODUCTION In the past, sole c ustomary law was the only source of law in pre -colonial sub- Saharan Africa. The provision of section 36(12) of the 1999 constitution of the Federal Republic of Nigeria as amended, 2011 which declares that “No person shall be convicted of… 4. In Nigeria, rules have been handed down orally from generation to generation and now form the country's customary law. Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands. 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. The principles of Nigerian law of succession and the statutes backing them are presented in practical language; and includes an extensive number of case studies. In the case of Ochala v F.R.N, the Supreme Court held that: “By virtue of section 1 (3), Constitution of the Federal Republic of Nigeria, 1999, if any other law is inconsistent with the provisions of the constitution, the constitution shall prevail and such other law … Found inside – Page 62Unwritten customary law on a particular matter in one part of the Ibo land ... Those cases are always adjudicated by higher Nigerian courts , which make a ... This is the system of landholding indigenous to Nigeria. The customary court is responsible for enforcing the ethnic customary laws. … Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] Downloadable! In Nigeria, rules have been handed down orally from generation to generation and now form the country's customary law. 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. The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. Customary Law In Nigeria Through The Cases. In my opinion as a legal practitioner, Mr Kyari has not committed any offence to warrant his suspension, arrest or extradition by any authority based on the allegation of Federal Bureau of investigations (FBI) this is so, due to the … This clearly means that an action for the dissolution of a customary marriage in any part of Nigeria can be instituted in any customary court in Edo and Delta States, provided the defendant was at the time the cause of action arose within the jurisdiction of the court at the time the cause of action arose.In the case of Aiyelabagan v. 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. 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. Found inside – Page 26Another interesting aspect brought out by this case is that the High Court Law , 828 ( 1 ) ( d ) permits a retrial of a criminal case ; freedom from ... Two cases involving the application of customary law and " due process " are worthy of note . ₦4K. The plaintiffs in Kiobel were citizens of Nigeria who claimed that Dutch, British, and Nigerian oil-exploration corporations aided and abetted the Nigerian government in the 1990s to commit violations of customary international law. The aim of the contemporary study was to examine the legal effects of customary law marriage in Nigeria. Judicial development of customary law: the case of marriage law in Ghana and Nigeria. 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). ABBA KYARI: CUSTOMARY INTERNATIONAL LAW IMPOSES ABSOLUTE JURISDICTIONAL LIMITATIONS ON FBI. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. Seal of the Customary Courts. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do … With this decision, the Customary Courts of Appeal are bound to be inundated with motions challenging their jurisdiction to hear virtually all appeals even when the subject matters at the trial court were purely civil proceedings involving questions of customary law. Although the claim before the trial Area Court were purely civil proceedings involving question of Customary Law. Customary Law in Nigeria Through the Cases. Found inside – Page 94... case of Northern Nigeria, this new approach restricted the full application or operation of Sharī'ah, which was treated as a species of customary law of ... Discriminations exist in both cases, but especially under intestacy. BY: M.T. (1) An appeal from the court below shall be entered by the Appellant and the, notice of such appeal shall be duly signed by appellant, or by a legal practitioner if a legal practitioner is … Volume 1 on public law provides an introduction to the Nigerian legal system. In the case of Thomas Borbokhai Edehe v. 21 of 1956). This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands. This clearly means that an action for the dissolution of a customary marriage in any part of Nigeria can be instituted in any customary court in Edo and Delta States, provided the defendant was at the time the cause of action arose within the jurisdiction of the court at the time the cause of action arose.In the case of Aiyelabagan v. 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. The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. Spectrum Books, 2000 - Law - 264 pages. The aim of the contemporary study was to examine the legal effects of customary law marriage in Nigeria. The specific objectives of this study are: To define marriage, types of marriage in Nigeria. Found inside – Page 143OBILADE , A.O. Reform of customary court systems in Nigeria under the military government . ... in non - theological terms ' , as an ever - changing different systems of customary law in land cases . configuration of important recurring factors . Every ethnic group in Africa has evolved its own discrete customary legal system of rules that are binding on its members. In my opinion as a legal practitioner, Mr Kyari has not committed any offence to warrant his suspension, arrest or extradition by any authority based on the allegation of Federal Bureau of investigations (FBI) this is so, due to the … Study Level: Study Level: BTech, BSc, BEng, BA, HND, ND or NCE. The second kind is conducted under customary law and can be polygamous as well as monogamous. 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. CUSTOMARY LAND TENURE 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”. It is said that custom is … It is regulatory in that it controls the lives and transaction of the community subject to it. 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', ... NATURE OF CUSTOMARY LAND TENURE SYSTEM. The two concurrent sessions summarized here aimed to provide an overview of the influence of Islam and customary law, respectively, on family law in Africa. 3. There are various ethnic groups each with its own variety and specific customary law in the country. 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. Win your Court cases today, Get Affordable Supreme Court Law Reports >> CLICK HERE BESTSELLER : Get A-Z of contemporary laws of ELECTRONIC EVIDENCE in Nigeria By Alaba Omolaye-Ajileye . MOHAMMED, ESQ. 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