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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.
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.
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 ...
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. The first president of the Rivers State Customary Court of Appeal was Peter N.C. Agumagu. He served from 2008 until 2014. [3]
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: a certain legal practice is observed and. the relevant actors consider it to be an opinion of law ...
The law of modern Africa exists as a conglomerate of legal practices and systems, otherwise labeled as legal pluralism. [6] This is derived from its traditional ancestry, diverse colonial legacy and post-independence. Historical Great court of the Ashanti Empire in poor condition between the late 19th and early 20th centuries.
It has a civil law system influenced by customary law. [32] In urban areas, positive law is common. In rural areas the customary law usually dominates. Local rural versions of Sharia are the predominant sources for customary law. [52] Article 25 in Title II of Mali's constitution declares it to be a secular state. [53]