What is Nigeria customary law?

What is Nigeria customary law?

Lawal2, the Supreme Court of Nigeria defined custom or customary law to mean a set of rules of conduct applying to persons and things in a particular locality.

What is custody of child under customary law?

The court when dealing with the right to custody of children of a dissolved marriage conducted under customary enunciated that under most systems of customary law in Nigeria, the father of a legitimate or legitimated child has absolute right of custody of the child.

What is customary law simple?

Customary international law consists of rules that come from “a general practice accepted as law” and exist independent of treaty law. Customary IHL is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law and so strengthens the protection offered to victims.

What is customary law example?

Under customary law, parties do not have equal rights in matters of marriage, dissolution and right of property because marriage is a union between two families (22). Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands.

What is customary law in Nigeria PDF?

Customary law is the law that captures the norms, traditions and rules of behaviour. of the people. It is the law. propelled by the worldview, beliefs, philosophies and value. system of the people.

What does the Constitution say about customary law?

The Constitution says that customary law is protected, but the rules of customary law must be in line with the principles in the Bill of Rights. The Bill of Rights protects the right to culture. But it also protects the right to equality and non-discrimination, and the right to dignity.

How do you address a customary judge?

While the High Courts are addressed as ‘My Lord’, or ‘Your Lordship’ even though all the judges (including those of the Supreme Court and the Court of Appeal) can be addressed as ‘Honourable Justice’.

Can customary court divorce in Nigeria?

There is no special judicial procedure for dissolution of customary marriage. In general, there are no strict and standardized grounds for dissolution of a customary marriage, howbeit, an emphasis is placed on the fact that the marriage has failed.

What are features of customary law?

SALIENT CHARACTERISTICS OF CUSTOMARY LAWS Customary law has several features which include inter alia: 1 It is largely unwritten 2 It is accepted as binding in the society. 3 It differs from tribe to tribe i.e. it is not uniform 4 It must be in existence at the material time.

When did customary law start?

Developments in customary law took place primarily after 1652, when colonial settlers arrived in South Africa. It didn’t take long for the coloniser to realise that colonial law was not always appropriate or convenient for the colonised in dealing with instances of everyday life (such as family law).

What is the role of customary law?

Customary law gives different treatment to family members depending on their status in the family and their gender. It also protects the social position of men. These rules of customary law will need to be measured against the rights of women to equality and dignity, to see if they are constitutional.

What are the basic features of customary law?

What are the main features of customary law?

What are the characteristics of customary law?

What is the nature of customary law?

The application of customary law was recognized provided that the customs and usages were not repugnant to morality or justice, and did not conflict, either implicitly or explicitly, with any public policy or written law (Ndulo, 2011).

Who heads the customary court?

The Customary Court is created/established by the provision of section 280 of the constitution of the Federal Republic of Nigeria it is headed by the president of the Customary Court of Appeal, appointed by the governor of the State on the recommendation of the Judicial Service Commission of the State subject to …

What is the duty of customary court?

Customary Courts have jurisdiction to hear and determine criminal causes and matters where the penalty is a fine not exceeding one thousand naira or imprisonment for a term not exceeding three months or both such fine and imprisonment, or where, in the case of juvenile offenders, the penalty does not exceed twelve …

How do you end a customary marriage?

A customary marriage needs to be separated in the same way that a western union would be – by means of a divorce. A customary marriage, even if it was not registered with Home Affairs, is legally binding and parties need to approach the court for a divorce order if they wish to end the marriage.

How do I prove my marriage is customary?

Requirements for a valid customary marriage

The marriage must be negotiated and entered into or celebrated in accordance with customary law. If either of the prospective spouses is a minor, either his or her parents, or if he or she has no parents, his or her legal guardian, must consent to the marriage.

What are the sources of customary law?

Customary law is the written and unwritten rules which have developed from the customs and traditions of communities. 9.2. 2 WHERE DO WE FIND RULES OF CUSTOMARY LAW? Customary law is made up of uncodified (unwritten) and also codified (written) laws.

What are the customary rights?

“Customary rights” to lands and resources refers to patterns of long-standing community land and resource usage in accordance with Indigenous Peoples’ and local communities’ customary laws, values, customs, and traditions, including seasonal or cyclical use, rather than formal legal title to land and resources issued …

What are characteristics of customary law?

What are the elements of customary law?

The two essential elements of customary international law are state practice and opinio juris, as confirmed by the International Court of Justice in the Legality of the Threat or Use of Nuclear Weapons.

What are 4 functions of the law?

Definition and Regulation of Social Relationships. Identification and Allocation of Official Authority. Dispute Settlement and Remedies. Change of Law.

What is the benefit of customary law?

They can define rights and responsibilities of members of indigenous peoples and local communities on important aspects of their life, culture and world view: customary law can relate to use of and access to natural resources, rights and obligations relating to land, inheritance and property, conduct of spiritual life.

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