Thankfully, some states have taken it upon themselves to negate this injustice, setting the legal age at 16 even for customary law marriages. The non-Muslim laws are referred to as the indigenous laws and these laws are derived from the various ethnic groups in Nigeria. The place of international law in the Nigerian legal system also cannot be overemphasized, since Nigeria is a member of a number of international bodies, like the African Union, the Commonwealth of Nations, the United Nations, and the Organization of Petroleum Exporting Countries and so on. They make laws based on the usual practics of people in that community. Generally, the English Common Law forms part of the foundation on which the Nigerian legal system is built. Also read:Best lawyers in Nigeria you should employMost populated universities in Nigeria 2020How to become a successful lawyer in Nigeria. Bscholarly is an education and legal blog that is focused on disseminating Legal tips/news, Court judgments, Case Summaries, Admission News and school tips for scholars all over the world. Both types of laws exist in parallel to each other. One of the striking characteristics of customary law is that, it is totally unwritten. The first one is a wedding performed with the signing of a Marriage Act, and it only allows monogamy. Sharia law is not just the bye product of the religion of the Northerners(Islam), it is the nucleus of northern culture- it is in fact their culture. Also read: See the reason why lawyers are called liars today. Dowry must be paid, either in the form of money or other types of property. Well, if you still have questions to ask on the characteristics of customary law, do ask me using the comment section. The legislators also do make laws and these laws are added to the guiding laws of Nigeria. If you know anyone that could be interested in the information provided above, be sure to share this with them! Thus, we have hundreds of child marriages, and all the evils attached to them. For instance, the customary law of a particular village can be that only male children are allowed to inherit the estate of their fathers. A wedding ceremony and celebration must be held, during which the bride will be handed over to the groom’s family. This definition was given in the case of Oyewunmi v Ogunesan [1990] 3 NWLR (PT. The Nigerian legal system makes effort to bring all these aspects into consideration too. The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court. One of the most prominent examples of customary law is the Nigerian marriage practice, which is the main subject of this article. By way of conclusion, i must reiterate that customary law contributes greatly to Nigerian legal system. It is straightforward and very understandable. In other words, a custom may exist without the element of coercion or sanction. This kind of marriage also requires two types of consent – consent of the parties and parental consent. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Nigerian laws are derived from certain documents and origins and they are highlighted below: • The Nigerian constitution • The legislation • The English law • The customary law • The judicial precedent and • The internal law This write up is more concerned with the Nigerian customary law anyway. 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. So don’t worry if you are not a lawyer or law student. 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. In this article i will highlight some of the characteristics of customary law in Nigeria. It has to be given to the parent or the guardian of the bride-to-be if she has none. Important: The payment has to be made for the sole purpose of a marriage that is either planned or has already taken place. The Nigerian common law is divided into 2 broad aspects, which are: • The non-Muslim/Ethic laws and • The Sharia/Muslim laws. Following this definition, it should be noted that a custom may only reflect the common usage and practice of the people in a particular matter without having the force of law. Its diverse nature calls for special studies. Notify me of follow-up comments by email. Thus, while most traditional laws have to be forced onto the common people, the former works the other way around. Sadly, when an underage girl marries under this law, the consummation act does not qualify as an offense, as it counts as “relations between husband and wife”. The biggest controversy surrounding customary law marriages is that there isn’t any age restriction. After the price is agreed upon, the money is handed over to the husband through the middlemen. The Sharia/ Muslim law on the other hand is equally a part of the customary law. Court cases do bring up judicial precedents too and they make up integral part of the Nigerian 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. This type of marriages allows you skip a lot of the hassles usually associated with creating a Marriage Act. Thus, from continuous interpretation of the laws, changes are made by the interpreters of the law. Marrying a girl or a woman against her will is always illegal in Nigeria, no matter the law. Customary law can also be defined as the law which has from long and consistent usage, obtained the force of law. It is regulated by the Native Law and Custom, making it completely legal in terms of the law in Nigeria. Copyright © 2020 Bscholarly LLC | All Rights Reserved. On this same ground, I think is is unjust to talk of “Islamizing Nigeria” because some of the Northerners also advocated for the inclusion of Sharia laws in the Nigerian legal system. One way or the other, you will benefit for knowing these things. However, it also has numerous drawbacks and needs to be improved. Notify me of follow-up comments by email. Why not talk of Culturalization of Nigeria when other regions are including their own cultures too. The last but not the least feature of customary law you should know is that, it has no uniform body. However, to make sure that you fully understand these features, i will quickly explain each of them. This definition was given in the case of Oyewunmi v Ogunesan 3 NWLR (PT. Despite how beautiful and educative this write up is, the writer seems to be bias. It had been notices that the religious and ethnic diversifications of Nigeria are major factor responsible for the broadness of its laws. Do not forget also that Nigeria is made up of three main regions, vis-à-vis the Western Region, the Southeastern Region and the Northern Region. Thus, it can be dissolved without any external judicial involvement. It is also contended, that the diversity of customs in Nigeria, is the major obstacle to the uniformity of customary law system in Nigeria. it’s a matter of advocacy. These form the basis of what is termed the customary law in Nigeria. The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. 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. Below are the features of customary law in Nigeria: Okay! So this should not be termed Islamization of Nigeria. It is not enlightening at all, I was hoping to learn something new. And there seems to be some form of indirect attack on Islam (even though I agree that there could be an element of truth in what you have said).In the end I came away, after reading this article, unsatisfied. Customary law is a form of a traditional, commonly-accepted rule or practice that has the power of law, and is usually found within a particular ethnic group or location. Now you know all about the customary law marriage practice in Nigeria and how people get divorced in such situations. Be that as it may, it must be stated that the English law is divided into two aspects, which are: • Those English laws handed over to Nigeria during the colonial era and • Those English laws adopted newly by Nigeria on independence. What this means is that, customary laws are not contained in a single document. By this, Bairamian was trying to say that for a custom to be regarded as a customary law, it must be accepted. In fact, if a custom is not widely accepted by those who practice it, then it is not a customary law. Accordingly, knowing these characteristics will help you to evaluate the status/strength of those local laws practiced in your local areas. Apparently, the reason why customary law is dynamic is because it is not contained in any document. 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