CHILD MARRIAGE IN NIGERIA – AFRICA

was a common form of marriage under the three cultures, which   unfortunately, is still practiced in some   rural communities especially in the Hausa culture in the northern state of Nigeria. Under the practices a girl from  birth was  betrothed to a man  to whom she  will be formally married to between the ages of eight and ten.  According  to Sabbatou  (1998) in  answer to a question on the practice of child  marriage  set  father  answered this, this  practice existed before I was born and there is no use complaining about   it my daughter listen to me, I  married your mother  at the

same   age. 

The Nigeria legal system. The position pluralism operates in Nigeria leasing  confusion and generating controversy . It has left a gap that permits   choice of laws.   The interests of the women are particularly affected by the operation of  multiple legal systems governing  family law in Nigeria. 

Depending on the place of residence,  type of marriage, ethnic  group, or religion, a woman  right and responsibility to marriage inheritance, ownership and widowhood   practical  may be governed by one of the systems  under discussion  boundaries of the   three family law systems are complex and  the  customary law are not united.  The multiplicity of the applicable legal system   has been  a problem  for the courts that  faced  with determining not only the problem of law  that is applicable, but  which  of the  several customary laws is applicable. There  and  further complications   because  the federal system  of government that  operates  in  Nigerian places customary  law  with  the   legislative competence of the  states  but retain  federal  jurisdiction   over  statutory  marriage  in  1999  constitution of the federal republic of Nigeria is the  supreme law of the land with various provisions that protect the right of all citizen   from discrimination and providers  citizens with rights to freedom  from  discrimination based on community, place of  origin, ethnic group, sex, religion or political option. 

The court system where justice is depended and the advocates of equity and justice, and equality before the law bare not in all cases portaged themselves to mean this. There are occasions when the courts shifted to the side of customs in the decision in issues of marriage, inheritance of   widowhood disregarding the provisions of the statutes, and it decision resulted in inflecting violence on the woman  

The roles played by the regular courts have not been consistent

The particular features in  the Nigerian  legal system is the attitude of the people  most  disputes involving family law are regarded  as promote when consisted in public, such despites are usually  take outsides the formal  court  system, and decided   it the village or  local administrative level, an  example is the  native  courts  of the  Umuadas in Igbo Land, at such level, precedence is given to  the customary law of the people  it  includes.  

·        High cost of the filing papers

·        Bureaucracy   in the formal  courts

·        High legal fees for counsel and

·        Long and complex procedure of formal courts.

·        Agenda for change   

Related Posts: FAMILY LAW, LAW

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