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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 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.
This is a study of the informal channels of conflict resolution among people living in Ibadan. Although the informal channels of justice are generally preferred by the poor because they cannot afford to hire an attorney, this study has shown that informal channels are often the first choice of citizens who wish to solve their conflicts outside a court of law.
"Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
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.
In Religion and the Making of Nigeria, Olufemi Vaughan examines how Christian, Muslim, and indigenous religious structures have provided the essential social and ideological frameworks for the construction of contemporary Nigeria. Using a wealth of archival sources and extensive Africanist scholarship, Vaughan traces Nigeria’s social, religious, and political history from the early nineteenth century to the present. During the nineteenth century, the historic Sokoto Jihad in today’s northern Nigeria and the Christian missionary movement in what is now southwestern Nigeria provided the frameworks for ethno-religious divisions in colonial society. Following Nigeria’s independence from Britain in 1960, Christian-Muslim tensions became manifest in regional and religious conflicts over the expansion of sharia, in fierce competition among political elites for state power, and in the rise of Boko Haram. These tensions are not simply conflicts over religious beliefs, ethnicity, and regionalism; they represent structural imbalances founded on the religious divisions forged under colonial rule.
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.