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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 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.
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 ...
Polygamy in Nigeria. The 12 Muslim majority states in Nigeria's north where polygamy is legal. Under civil law, Nigeria does not recognize polygamous unions. [1] However, 12 out of the 36 Nigerian states recognize polygamous marriages as being equivalent to monogamous marriages. All twelve states are governed by Sharia law.
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]
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.
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]
Alien Tort Statute, 28 U.S.C. § 1350. Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), was a United States Supreme Court decision in which the court found that the presumption against extraterritoriality applies to claims under the Alien Tort Claims Act. According to the Court's majority opinion, "it would reach too far to say that ...