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The idea of a Restatement is to identify common principles or trends in a particular area of law with the objective of unifying the further development of the law. No other area of law in Nigeria is in need of Restatement as much as Nigeria's customary law. A number of reasons inform this position: (i) the cultural diversity of the country has meant that customary practices differ in so many respects on the same issue; (ii) the oral tradition of the customary system has placed it in the 'endangered species' list; (iii) the paucity of authoritative works on customary law has created a yawning gap for the scholarship in this vital area of law; and (iv) no matter however ignored, customary law continues to play a very significant role in moderating the Nigerian values system in society. 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 analysis of field research findings; testing of field research findings in a stakeholders consultative conference; further desk review to fill in gaps in the literature; and the core restatement work by a select committee of Reporters.
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
In Nigeria, rules have been handed down orally from generation to generation and now form the country's customary law. The absence of the codification of these rules has presented difficulties in ascertaining them. 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. It examines the general characteristics of family property, determination of family property and acquisition of land under Bini Customary Law. It also discusses validity, proof and application of customary law, customary law succession, tenancy, arbitration, marriage and legitimacy, and legitimation under customary law.
This study deals with the laws and practices which have governed the Customary Courts in Nigeria from the pre-colonial to the present period. It analyses the nature of customary law, the constitution and jurisdiction of the Customary Courts, the role of traditional rulers in such courts and the law administered in them. It outlines criminal and civil procedures of the Customary Court; discusses the question of legal representation; and the future and possible abolition of the Customary Courts in the context of Nigeria's problematic dual legal system.
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. The new edition incorporates these changes and explains their implications. The chapters have been comprehensively re-written to reflect the changes in the law and to update all relevant information including the Same Sex Bill and the Nigerian Law Reform Commissions draft Marriage Act. New chapters have been included on domestic violence and widowhood respectively to reflect the continuing developments in Nigerian family law. The new Child's Right Act of 2003 and the similar state legislations have been analysed in the three new chapters. The non-customary law rules in the intestate succession have been extensively recast to reflect the provisions of the Marriage act as contained in the Lawa of the Federation of Nigeria 2004. This edition has devoted considerable attention to the applicable customary laws on the family and provides extensive treatment of Islamic Law Rules and their interpretations and application by the superior court. Familu law in Nigeria presents a fresh view not only on the applicable rules on Nigerian family law but also suggest new directions and underlines the socio-economic implications.
This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.
Volume 1 on public law provides an introduction to the Nigerian legal system. The various chapters deal with: introduction and sources of law; jurisprudence and Nigerian perspectives; African customary law; Islamic law; comparative constitutionalism and Nigerian perspectives; citizenship, immigration and administrative law; judicial system and legal profession; criminal law, evidence and civil procedure; statutory marriage and divorce laws; customary marriage and divorce; marriage and divorce under Islamic law; matters of children; gender and law in Nigeria with emphasis on Islamic law. Volume 2 has 25 chapters on private law that includes security of the environment and environmental law, land and property administration, commercial business and trade laws, communication, media and press laws, transportation and carrier laws, law enforcement, armed forces and military laws, investments, and intellectual property.
The author is both a practitioner within the Nigerian legal system and is a lecturer in law. From these two perspectives, he provides a full introduction to the Nigerian legal system. Amongst topics covered are branches and institutes of the system, functions, classifications, sources, English law, doctrines of equity, statutes in England and those extended to Nigeria, Nigerian legislation, judicial precedent, hierarchy of Courts, customary law, application of State decisions in Customary and Sharia Law, conflicts between English and Customary Law. Also covered are applicable law between the different provenances, conflicts between Islamic and Customary Law, types of Courts in Nigeria and their jurisdiction, and legal aid. Essential documents are provided: Protocol to the African Charter on Human & People's Rights of Women in Africa; Universal Declaration of Human Rights; and African Charter on Human and People's Rights. A valuable explanation is given of words and maxims used in the Nigerian legal system, and an index. Olong Adefi is a barrister and solicitor of the Supreme Court of Nigeria; and lecturer at the Faculty of Law at Kogi State University where he teaches administrative law, commercial law, land law, legal research method, human rights and the Nigerian legal system.