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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.
18. De Wheno Aholu Meno-Toyi
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 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.