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English law in Nigeria is derived from the colonial Nigeria, while common law is a development from its post-colonial independence. [1] Customary law is derived from indigenous traditional norms and cultural practices, including the dispute resolution meetings of pre-colonial Yoruba land secret societies and the Èkpè and Okónkò of Igboland ...
Customary law is a recognized source of law within jurisdictions of the civil law tradition, where it may be subordinate to both statutes and regulations. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight ...
Sharia used to be categorized as a customary law in Nigeria. [22] [23] This position has changed given the judicial pronouncement in the case of Alkamawa V Bello(1998) LPELR-SC.293/1991 [24] Hence, Sharia is now seen as a distinct and universal legal system.
The president is appointed by the governor on the recommendation of the National Judicial Council and subject to confirmation by the Rivers State House of Assembly.To be eligible for the office, the Constitution requires that one must have been a legal practitioner in Nigeria for over 10 years with substantial knowledge and experience in the field of customary law.
Comparatively, the primary sources of South Africa law were Roman-Dutch and English Common law, imports of Dutch settlements and British colonialism, which is sometimes termed Anglo-Dutch law. Hence, pluralistic systems were devised by nations that combined the customary law, inherited penal codes and religious laws depending on the ancestral ...
Polygamous unions are currently recognized under customary law throughout Nigeria, but lack numerous benefits in a Nigerian civil marriage. While civil marriage in Nigeria is monogamous, a dozen states have implanted Sharia into their legal systems and thus are exempt. While the implanting of Sharia was unsuccessful, numerous Sharia courts were ...
The ethnic customary law in Nigeria is Indigenous, and this system of customary law applies and is valid to members of a specific ethnic group. [16] Muslim law is a religious law that is solely based on the Muslim faith and applies to the members of such faith. In the nation of Nigeria, it is not an indigenous law; it is a received customary ...
[17] [18] While Hindu personal law based on customary laws of Indian religions and Muslim personal law based on hanafi school are currently used, [50] the Indian government is promoting a Uniform Civil Code that applies to all citizens. [51] Kenya: Based on English Common Law and Civil law as well as the country's customary law. Lesotho