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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.
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.
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
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.