If other faiths too have a strong legal base, let them also include it.
The people dictate what is legal, and not the court. 137) 137.
Hilarious video shows French police confused as they see big calabash of 'sacrifice' outside Nigerian embassy in Paris, See how this little girl controlled this big dog like her toy, this is how the animal reacted (video), BREAKING: Obasanjo breaks silence on EndSARS protest, sends timely message to Buhari, BREAKING: The Nation newspaper head office on fire, See how people chased this little baby who 'stole' away camera during videoshoot, many react, Nigerians slam Bobrisky for making distasteful joke about fallen protesters, 2023: Buhari's likely successor named as PDP identifies 5 candidates from southeast (full list), Davido and Chioma's son Ifeanyi cruises in his Mercedes Benz as he clocks one. In this article i will highlight some of the characteristics of customary law in Nigeria. Your email address will not be published.
Thankfully, some states have taken it upon themselves to negate this injustice, setting the legal age at 16 even for customary law marriages. They make laws based on the usual practics of people in that community. This was also corroborated in the case of kimdey v military Governor of gongola state and others. For instance, Bairamian in Owonyin v Omotosho (1961) 1 ALL NLR defined customary law as “a mirror of accepted usage”. And if others can include their cultural beliefs in the Nigerian laws, what stop the Northerners from also including their culture(Shari’a) too. This should be to enlighten the readers and as such, matters that can spike controversies or opinion/statements that suggest hatred for a particular faith should not have been included. Required fields are marked *. In most cases, customary marriages are dissolved with the involvement of two families, representing both the husband and the wife. These form the basis of what is termed the customary law in Nigeria.
The legal system of Nigeria is designed to bring to focus and consideration all these regions so as to form a unifying kind of law in which everyone will feel represented. The Nigerian legal system makes effort to bring all these aspects into consideration too. In other words, a custom may exist without the element of coercion or sanction. In the celebrated case of Lewis v Bankole (1909) 1 NLR, it was stated that one of the striking features of customary law is its flexibility; it appears to have been always subject to motives of expediency, and it shows unquestionable adaptability to altered circumstance without entirely losing its character. This law does not necessarily have to be contained in any document but it will still be recognized my members of the society.
Yes! It is pertinent that every citizen of Nigeria know these characteristics because they are one of the basic things everyone should have an idea about. The issues concerning customary law marriages has been a popular topic in Nigeria for decades. There are two kinds of marriages accepted under Nigerian law. Why not talk of Culturalization of Nigeria when other regions are including their own cultures too. It is not enlightening at all, I was hoping to learn something new. On this note, I enjoin you to read this article painstakingly. The author, after indicating that Nigeria is a multi-cultural and multi-religion state, tries to justify the inculcation of cultural laws in the Nigerian legal system. Thus, we have hundreds of child marriages, and all the evils attached to them. The second kind is conducted under customary law and can be polygamous as well as monogamous. This article is good, but I have a problem with it. And also, Nigeria laws is always open for any faith to include their laws.
Accordingly, knowing these characteristics will help you to evaluate the status/strength of those local laws practiced in your local areas. How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, How to become a successful lawyer in Nigeria, Features of Lyttleton Constitution of 1954, Merits, Demerits & Features of Macpherson Constitution of 1951, Merits, Demerits & Features of Clifford Constitution of 1922, Positive and Negative Effects of Colonialism in Africa, Why Indirect Rule Succeeded in Northern Nigeria: 7 Reasons, Why Indirect Rule Was Adopted In Nigeria: 8 Reasons, Differences Between Policy of Assimilation and Indirect Rule, Advantages and Disadvantages of Proportional Representation, Reasons for the Partial Success of Indirect Rule In the West, How to Register a Business Name in Nigeria Online, Youngest Governors in Nigeria and Their Age (2020), Functions and Duties of the Nigerian Police Force, Advantages and Disadvantages of One-party System, Differences Between Federal and Unitary System of Government, 11 Reasons For Military Intervention in Nigerian Politics. Want to find out more about the customary law in Nigeria? i am looking for a direct definition of Nigerian customary law, but what i see here is explanations. Since there is no official registry keeping track of all customary law marriages, the court can’t verify whether such a marriage exists, unless the couple can provide witnesses of the ceremony. Your email address will not be published. What this means is that, customary laws are not contained in a single document. This type of marriages allows you skip a lot of the hassles usually associated with creating a Marriage Act. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court. Just read carefully and ask yourself questions if you have any.