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The Law of Nigeria consists of courts, offences, and various types of laws. Nigeria has its own constitution which was established on 29 May 1999. The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria, which include English law, Common law, Customary law, and Sharia Law.
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 ...
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 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 ...
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 ...
However, the employment of customary law differs greatly between nations and this is based on conditions for human rights and conflicts with the western laws employed. For example, Kenya has abolished its customary criminal laws, retaining only offenses surrounding marriage relations, [28] due to inconsistencies with the British common law ...
Section 204 of Nigeria's Criminal Code is entitled "insult to religion". The section states: Any person who does an act which any class of persons consider as a public insult on their religion, with the intention that they should consider the act such an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it such an insult, is guilty of a ...
The Privy Council, reversing the judgments below, [5] held that although the territory of the Lagos Colony had been ceded to the imperial Crown in 1861 under the Lagos Treaty of Cession [5] and the Crown thereby acquired allodial title to the land, the Crown held only a "limited right of administrative interference" with the land and was required to pay compensation for using it.