Customary Law in Nigeria Through the Cases - A. A. Kolajo ... This study examined the law of succession under the Nigerian customary law under Igbo, Yoruba and Hausa customary law. The basic ingredients to prove the legitimacy of a child are: There must exist a valid marriage between the parents of the child, customary, Islamic or statutory law marriage. between or in respect of persons either of whom is under the age of sixteen shall be void'. • The Sharia/Muslim laws. 2.4.0:legitimacy of children of void marriage. 2.2.0:legitimacy under nigerian customary law. Women And Property Inheritance In Nigeria The absence of the codification of these rules has presented difficulties in ascertaining them. Presumption of Legitimacy. A Critical Appraisal of Legitimacy and Legitimation Under ... • The Sharia/Muslim laws. This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other . ABSTRACT. . A Critical Appraisal of Legitimacy and Legitimation Under ... Sweet and Maxwell.1984. Itse Sagay is a Senior Advocate of Nigeria and was previously a professor of law and Dean of the Faculty of Law at the University of Benin. 326: Who may be adopted . 8 Ogbobine, n 4, 45. Thus, a child born in lawful wedlock is considered legitimate. Legitimacy, legitimation and succession in Nigeria: An ... The Legal Effects of Customary Law Marriage in Nigeria ... 2.1.0:concept of legitimacy 16 2.2.0:legitimacy under nigerian customary law 18 2.3.0:legitimacy under english law 21 2.4.0:legitimacy of children of void marriage 22 2.5.0:legitimacy of children of a voidable marriage 24 2.6.0:illegitimacy 25 2.7.0:difference between legitimate and illegitimate child 28 2.7.0:other instances of legitimacy 30 A Critical Appraisal of Legitimacy and Legitimation Under ... Inheritance And Customary Laws In Nigeria · LEADWAY CAPITAL Spectrum Books, 2000 - Law - 264 pages. PDF Legitimacy, legitimation and succession in Nigeria: An ... With respect to legitimacy, legitimation and succession, the genesis of this present state of our law. Customary law of inheritance of the tribes covered were considered vis a vis the provisions of Islamic laws. 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). [5] In contrast to customary law, which is unwritten but additionally regarded . But in Amakiri v. Good-Head the custody of an illegitimate child was awarded to the family of the mother's husband. Among the topics covered are legitimacy, legitimation and rights of inheritance; intestate succession (non-customary); testate succession (wills); succession under customary law; and administration of estates. ABSTRACT. CONFLICT BETWEEN STATUTORY AND CUSTOMARY LAW OF MARRIAGE IN NIGERIA THE Privy Council case of Bamgbose v. Dclrwuel [1954] 3 W.L.R. This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other rights, an illegitimate child is denied of these right by virtue of the fact of . 7 Agidigbi v Agidigbi (1992) 2 NWLR (Pt 221) 98, 101. 328: In Nigeria, legitimization can be achieved either by the subsequent statutory marriage of the parent of the illegitimate child or through the process of acknowledgement under customary law. ABSTRACT. Women's legal rights to property according to Kenneth (2000) are examined on the background of the law of succession, inheritance and the family its paramount, to point out that no particular attentions has been paid to women in the making of any law in Nigeria (2002). Consequently, although this paper does not deal with the detailed rules of succession we shall C23 Laws of the Federation of Nigeria 2004 (as amended), and recognized by the courts. [4] Islamic law, on the other hand, is a product of Islamic thought, a system of law in which legal rules, ethics, religion, rituals and politics are closely intertwined. Key word: Legitimacy, legitimation, succession, Nigerian Constitution rights of inheritance. of the fact that Nigerian law comprises both the received English law and customary law. Legitimacy by intestate succession (Non - customary) and succession subsequent marriage was first made possible under the under customary law. Customary Law in Nigeria Through the Cases. Explore the legitimacy of children of customary law marriage, rights of women in intestate succession and the resolution of customary law marriage in Nigeria. common law applies til l this da y in Nigeria, with some substantial modifications by statutes. The contribution of this study to Nigerian society cannot be overemphasized. Inheritance is commonly patrilineal and sharing of assets tends to be in favor of the male child.Below we have listed the rules of inheritance (by customary laws) of some ethnic groups in Nigeria. The wife has to be the mother of the child in question. 1.4 Significance of the Study. It was adumbrated in Edet v. Esssun (supra). while chapter two talked about the concept of legitimacy under both customary and English law, it discusses the importance of a legitimate status, it also discusses illegitimacy, and the need to legitimize an illegitimate child, in other to remove the . 1.4 Significance of the Study. The absence of the codification of these rules has presented difficulties in ascertaining them. The patterns of inheritance and succession, 2 particularly under intestate estate under customary law in Nigeria, have almost as many variations as there are ethnic groups in the country, and many of the variations are discriminatory in practice. Generally, under the law, a child is considered legitimate if its parents were married at the time of its birth. The International Journal of Not-for-Profit Law Volume 10, Issue 2, April 2008 Reginald Akujobi Onuoha 1. Beyond these, Nigerian law includes domestic legislation, Nigerian case law and customary law. Under Muslim law in India, the basis of legitimacy is the paternity of a child and that depends upon the marriage, that is, the legitimacy of a child is recognised only by direct or indirect proof of the existence of marriage between the father and the mother of the child. Legitimacy of child of the customary law marriage and right to inherit in the estate . Explore the legitimacy of children of customary law marriage, rights of women in intestate succession and the resolution of customary law marriage in Nigeria. Inheritance and succession under native law and custom is determined primarily by the customary rules of the place of origin of the deceased person and not by where he resides or where the property is situated. The laws of Northern Nigeria can also be treated as foreign law in the Southern Nigeria. legitimization was specifically discussed in chapter three, which can either be by the subsequent marriage of the parents of the child which can either be by statutory law, or by customary law, and the necessary conditions which must be met, acknowledgement of paternity as a means of legitimation was also discussed with the condition precedent … For example; In Igbo custom, a daughter may stay behind and bear children to keep the father's name. Okhaide, P. I. Nigeria's legal system is a product of British colonialism. E. I. Nwogugu. Itse Sagay is a Senior Advocate of Nigeria and was previously a professor of law and Dean of the Faculty of Law at the University of Benin. . LEGITIMACY AND LEGITIMATION A Legitimacy . Adoption under customary law 1 Procedures for adoption . A. 6 See Oke v Oke (1974) 3 SC 19. 0 Reviews. 2.0 Presumption of Legitimacy under the Evidence Act and its limitations As earlier stated, a child is legitimate if born during the pendency of a valid marriage. 2.3.0:legitimacy under english law. In Nigeria, rules have been handed down orally from generation to generation and now form the country's customary law. Colonialism employed a policy of indirect rule in which customary law was tolerated (Menski 2000). legitimization was specifically discussed in chapter three, which can either be by the subsequent marriage of the parents of the child which can either be by statutory law, or by customary law, and the necessary conditions which must be met, acknowledgement of paternity as a means of legitimation was also discussed with the condition precedent … FAMILY LAW -MATRIMONIAL CAUSES:- Petition for judicial separation - Marriage under native law and custom followed by church blessing - Whether constitutes marriage under Marriage Act (Cap. Spectrum Books, 2000 - Law - 264 pages. The principles of judicial precedent and hierarchy of courts are primary and basic parts of our legal system with the Supreme Court of Nigeria at the zenith of the court system. Laws of the Federation; Laws of the 36 States . A CRITICAL APPRAISALOF LEGITIMACY AND LEGITIMATION UNDER NIGERIA FAMILY LAW. The marriage referred to as being valid, includes both marriage under the Act, Customary marriage and Islamic marriage. 115 Laws of the Federation) - 'Certificate of Marriage' stating that parties lawfully married under the rites of Roman Catholic Church - Effect of . 2.2.0:legitimacy under nigerian customary law. Under Section 165 of the Evidence Act 2011, a child born during the continuance of a Statutory marriage or born within 280 days after the dissolution of such marriage is presumed legitimate. Under our customary law a child of an unmarried woman, (the term unmarried include women whose marriages have been legally dissolved as submitted by Dr. Obi) [9] is regarded as belonging to his maternal grandfather, meaning that the connection between him and his maternal grandfather accord him the right to succession with his other grandfather . generally a child is legitimate at birth if born in lawful wedlock,which also includes in nigeria, customary law marriages, as our customary law is also apart and parcel of our law in nigeria, therefore, customary law marriages are by law legaland the children of such marriages are legitimate, as was held in lawal v younan,41 instrict customary … ABSTRACT This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succes. It has the strongest link with the allied question of succession. Explore the legitimacy of children of customary law marriage, rights of women in intestate succession and the resolution of customary law marriage in Nigeria. This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other rights, an illegitimate child is denied of these right by virtue of the fact of . s. 32). Section 3 (1) of the Law provides that 'A marriage . This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other . This system of dispute resolution has been in operation in Nigeria for years before the advent of the British colonial administration introduced the Common Law System in the 19 th Century. Most disputes as to legitimacy arise in relation to the right to succeed to property either testate or intestate. There is also the inter-state conflict of laws, a situation which arises due to the divergent laws in each state. Succession which under customary law governs issues of personal relation such as marriage and divorce, legitimacy and legitimation, validity of wills, adoption of children and succession but legal pluralism creates an atmosphere of legal confusion, whereas, there is . Examine the legal effect of customary law marriage and the effects of contacting statutory marriage with the same person and with a 3rd party. CASES/JUDGMENTS ON FAMILY LAW IN NIGERIA (2) [Judgment (s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. 16. Family Law in Nigeria. Even with the introduction of the common law, customary arbitration is still used today for settling of disputes such as title to landed properties within the communities. This paper therefore seeks to examine the concepts of legitimacy, legitimation and succession in Nigeria, with a view of evaluating the legal effect of Section 42 (2) of the Constitution of the Federal Republic of Nigeria, 1999 as amended on the rights to inheritance of an illegitimate child in Nigeria. Its history the customary laws practices of the major ethnic groups of Nigeria which are. Each of those 36 states is empowered by Nigeria's Constitution to establish and maintain a legal system that would assure justice within the assigned territory so as to enable every citizen and other persons resident in it carry on their legitimate everyday pursuits. Legitimacy constitutes an important aspect of Nigerian law. This method of adjudication is governed by the Nigerian customary law. Legal System. 2.1.0:concept of legitimacy 16 2.2.0:legitimacy under nigerian customary law 18 2.3.0:legitimacy under english law 21 2.4.0:legitimacy of children of void marriage 22 2.5.0:legitimacy of children of a voidable marriage 24 2.6.0:illegitimacy 25 2.7.0:difference between legitimate and illegitimate child 28 2.7.0:other instances of legitimacy 30 A CRITICAL APPRAISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIA FAMILY LAW. (2005) 1 BCLR 1. Make recommendations that will help solve the problems of inter-cultural marriages. legitimization was specifically discussed in chapter three, which can either be by the subsequent marriage of the parents of the child which can either be by statutory law, or by customary law, and the necessary conditions which must be met, acknowledgement of paternity as a means of legitimation was also discussed with the condition precedent … Women/Children and Succession - Women/Children and Slavery - Validity of marriage contracted under native law and custom by a man who was subsequently taken abroad as slave and . A. A. Kolajo. The sources of law are derived from the common law and doctrines of equity in force in England in 1900, customary law, statutory law and sharia law. 2.1.0:concept of legitimacy 16 2.2.0:legitimacy under nigerian customary law 18 2.3.0:legitimacy under english law 21 2.4.0:legitimacy of children of void marriage 22 2.5.0:legitimacy of children of a voidable marriage 24 2.6.0:illegitimacy 25 2.7.0:difference between legitimate and illegitimate child 28 2.7.0:other instances of legitimacy 30 Islamic law is the personal law of every . Uncertainty of the law in matters of legitimacy should, it is submitted, be avoided at all cost. This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other . O. KAHN-FREUND. A. Kolajo. ABSTRACT. In Nigeria, rules have been handed down orally from generation to generation and now form the country's customary law. The only thing It examines the general characteristics of family property, determination of family property and acquisition of land under Bini Customary Law. Journal of Law and Conflict Resolution, 4, 31-44. AT CUSTOMARY LAW, the issue of legitimacy may or may not be directly linked to the father. A CRITICAL APPRISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIAN FAMILY LAW, free research project topics hub, materials and guides research information : a critical appraisal of legitimacy and legitimation under nigerian family law : chapter 1 - 5 ♣:₦3, 000 : ms word . The non-Muslim laws are referred to as the indigenous laws and these laws are derived from the various ethnic groups in Nigeria. (2021). Further, the decisions ignored the line of English conflict of law cases on the legitimacy of children born outside England.14 These two cases discussed above were, therefore, provisions of Legitimacy Act 192927 which applied 20 TESTATE SUCCESSION According to E.I.Nwogugu in his book Family Law in Nigeria (2006 Revised Edition Heineman Educational Books) at 305 under the As . The various customary laws of these different ethnic groups in Nigeria make up this . Customary law is connected to distinct ethnic or cultural groups when the legal system in such diversified society operates a plurality of laws. The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. In English law areas, a valid marriage is a pre-requisite for legitimacy while under customary law it is not a condition precedent for the principle of acknowledgment.An illegitimate child Among the topics covered are legitimacy, legitimation and rights of inheritance; intestate succession (non-customary); testate succession (wills); succession under customary law; and administration of estates. However, under Section 10 of Nigeria's Legitimacy Act, an illegitimate child can inherit from his mother. T. O Elias 'Nigerian Land Law and Custom' (4 th Edition, London Sweet and Maxwell 1971) 179. 9 PO Itua, "Succession under Benin Customary Law in Nigeria: Igiogbe Matters Arising" 3(7) Journal of Law and Conflict Resolution 117. A CRITICAL APPRISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIAN FAMILY LAW: this implies that a person's parents need not be married before such a child can be made a legitimate child. The latter system recognizes status un-known to English law. The non-Muslim laws are referred to as the indigenous laws and these laws are derived from the various ethnic groups in Nigeria. The legitimacy of a Child under Muslim Law in India. MAIN ISSUES. A CRITICAL APPRISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIAN FAMILY LAW A CRITICAL APPRISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIAN FAMILY LAW ₦4K. Typically under Customary Law Divorce, the Husband is granted the Custody of the Children, It is irrelevant that the woman maybe rich enough, healthy and comparatively better placed to care for her children .infact there is a proviso in section which states that no order for divorce shall be made in respect of an application made by a wife who . INTRODUCTION In Nigeria, three different systems of law operate side by side. 2.3.0:legitimacy under english law. Legitimization is the process by which a child who has not been born legitimate acquires legitimate status. In Mojekwu v. Mojekwu the Nnewi customary law of Oli-ekpe was struck down under the repugnancy principle by the unanimous judgment of the Enugu Division of the Court of Appeals. The question of legitimacy in relation to a child is critical as it touches on the status of that child, and determines whether or not the child is, amongst other things, entitled to succeed to the. [93] According to her, the constitution of the federal republic of Nigeria 1977 . Nigeria has over 250 ethnic tribes and this means that the pattern of inheritance under customary law will vary according to each ethnic group. Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Nigeria covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. A CRITICAL APPRAISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIA FAMILY LAW. Comprehensive Analysis of Customary Law Arbitration in Nigeria. Legitimacy, Legitimation and Succession in Nigeria An Appraisal of Section 42(2) of the Constitution of the Federal Republic of Nigeria 1999 as Amended on the Rights of Inheritance. C. M. G. Yakubu 'Property Inheritance and Distribution Under Customary Law, Towards a Restatement of Nigerian Customary Law'; Y. Osibanjo and A. W. Kalu (Eds) (1991) Federal Ministry Of Justice Law Review Series. ABSTRACT. Examine the legal effect of customary law marriage and the effects of contacting statutory marriage with the same person and with a 3rd party. This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other . 286: . The consequence of this "legal pluralism" is the complex interplay between Common Law, Statutes and Customary law, which in some cases had resulted in Home » » A CRITICAL APPRAISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIA FAMILY LAW . A CRITICAL APPRAISALOF LEGITIMACY AND LEGITIMATION UNDER NIGERIA FAMILY LAW. The contribution of this study to Nigerian society cannot be overemphasized. This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other rights, an illegitimate child is denied of these right by virtue of the fact of . The various customary laws of these different ethnic groups in Nigeria make up this . Kasumu, says legitimacy is the status acquired by a person who is born in lawful wedlock, the children of such marriage or wedlock will be legitimate at birth, it is important to establish that lawful wedlock in Nigeria may either be by Customary, Islamic or statutory law marriage and the operative effect of these differs from one legal system . Under some Nigerian customary laws, the gender and the legitimacy status of an individual is crucial and critical in determining the respect, input and influence a person may wield in the community. If a native custom should apply thus in amgchree v. Kalio [92], the plaintiff's community claimed under customary, law to be entitled to the exclusive fishing rights in the Kalabari river, and that the defendant community could only fishing purposed was a public or communal right was applied. 2.4.0:legitimacy of children of void marriage. Customary and Islamic law marriages are potentially polygamous (11). Customary law governs inheritance of the estate of Nigerians who marry under the customary law unless where there is a valid will. Project Topic Details; Study Level: . This is a classic situation where the rule of natural justice altered a repugnant customary practice, or a sharp divergence between judges made law based upon advanced ethical values reflecting the facts of social life, for in almost . Email us through [email protected] and [email protected] or text 07067102097] TITLE. 1.0 INTRODUCTION. . The basis of the decision was that the customary law in question which "permits the son of the brother of the deceased person to inherit the property of the deceased to the exclusion of the deceased's female child . Heinemann Educational Books (Nigeria), 1990 - Domestic relations - 441 pages. The eldest son is still entitled to a share of the remaining properties. 5 Oke v Oke (1972) 2 UILR 40. Research support is also available. Customary Law in Nigeria Through the Cases. 3 Cretney S M 'principle of family law'4th ed. TITLE: MAIN ISSUES: ANYAEGBUNAM V. ANYAEGBUNAM. Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands. 561 illustrates what is sometimes called an " internal " or " inter-personal " conflict of laws. Ordinarily, any child born of a void marriage is illegitimate, the position is not clear-cut where in Nigeria where the void marriage was celebrated under the marriage Act, as it is customary for Nigerians who desire to marry each other to be first married under customary law before contracting a marriage in accordance with the marriage Act, if the . Nigeria runs the adversarial system of court proceedings. The British subjected The law of England and any other law of a country outside Nigeria can be treated as a foreign law. ABSTRACT. Nigeria is an internationally recognized sovereign nation made up of 36 states and a Federal Capital Territory, Abuja. Content analysis was used for the comparative study. Under the Common Law, a child born in lawful wedlock is presumed legitimate unless the contrary is proven. research information : a critical appraisal of legitimacy and legitimation under nigerian family law : chapter 1 - 5 ♣:₦3, 000 : ms word . The Nigerian common law is divided into 2 broad aspects, which are: • The non-Muslim/Ethic laws and. It also discusses validity, proof and application of customary law, customary law succession, tenancy, arbitration, marriage and legitimacy, and legitimation under customary law. Nigerian Law Publications. It is endorsed by the Constitution of the Federal Republic of Nigeria 1999, Cap. The Nigerian common law is divided into 2 broad aspects, which are: • The non-Muslim/Ethic laws and. This gender and legitimacy status is also key and a determinant factor in defining a person's right to succession. 0 Reviews. 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