Here Nigeria is a country in the West of Africa that lies vast of the republic of Benin, South of the Republic of Nigeria and Chad and west of the republic of Cameron and north of to gulf of guinea. The Nigeria legal system is made up of the comma law, statutory law, customary law and Islamic law, Customary law and Islamic law. The common law is essentially as accumulated body of English case law. The statutory law comprises restatement of English statutes, which over the years have been amended or reenacted and written laws passed by the enabling body. The customary laws, where applicable, are the body of rules governing a particular group of people and Islamic law are
Nigeria is a multi –ethnic nation with over two hundred and fifty different ethnic group there dominant groups account for nearly sixty percent of the countries total population of about one hundred and twenty million people. Theses are the Yoruba, who are pre dominantly in the southeast, the Igbo’s in the southeast and the Hausa in the north. In Nigeria Africa countries traditional customs deep rooted cultural mores and religious beliefs tend to complete with and in many cases overshadows the common laws and statutory laws with regard to some issues.Issues relating in violence against women in Nigeria. The highest incidence of violence occur in the home and the bosom of the closely knitted family, this is a contradiction as the Africa family is noted for being closely knit
Customary law practices in Nigeria.
Customary law is the ultimate basis of all human attacks all over the world. Its dynamic rather than static providing the guiding principles of interrelationship between one generation an the next. It is described as the mirror of accepted of usage which means that it is capable of flexibility and adaptability to changing circums taxes and society. The customary laws of an are a uncaps late all the belief, social institution and religion that characterizes and are unique to a community or race. Customary practices differ from place to place to place and no one practice can be said to be inferior or superior to the other. This is why it is virtually impossible to replace one culture with another.
The social, political and economic life in Nigeria.
Is rapidly and radically changing therefore making the question of modification in customary law one of great importance. It is known that certain old practices and customs bare disappeared and new ones appear to deal with new situations . it is that for puzzling that cultural practices which discriminate against women refuse to change with changing situation.
The constitution of the federal republic of Nigeria (1999) has changed several times to accommodate modern changes, there is no reason why customary laws which are closer to the way of life of the people not be subject to changes.
The discussion below is on the customary law practices of marriage, inheritance and widowhood had the effects. The discussion below is on the customary law practices of marriage, inheritance and widowhood had the effects.
Customary law of marriage
Marriage has a prestigious and foremost place in the Nigeria culture like in other Africa cultures, customarily, so much importance is attached to the institution of marriage and it is normal condition for both men and women. Marriage is a longing in the heart of many girls, as an indispensable function to be fulfilled with as little delay as possible after the age of puberty. So important was this institution that an married man or woman was considered as incomplete and a few satirical songs were composed for such group of people in the Hausa a culture, there is an adage that say a man without a wife is like a big tree without fruit Ibrahim 1998.
It is common to see marring being contracted both under statutory law an customary law. The reason is that, even in modern time marriage in Nigeria is seen as a purely family matter to which family consent is needed prior to the marriage in Nigerian is seen as a purely family matters to which family consent is needed prior to the marriage. This has resulted in the existence of a plural law of succession of property. In modern homes, family domination during the existence of the marriage is less as, couples, due to urbanization and migration prefer their extended family. The notion that marriage is subconsciously or consciously regarded as a union between two different families and not only the couple is displayed during the traditional marriage ceremony even when the parties to the marriage are matured adults. May cutters in Nigeria patriarchal, therefore emphasizing male dominance. A country especially the Igbo cultural is Abia state are matrilineal. The patriarchal cultural is greatly portrayed during traditional marriage ceremonies at least to the
exclusion of the mother of the bride and the birder
Child marriage: 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 bethroed 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.
Actions need tank take to ensure that the graduate changes which appears to bare started continue until all discriminatory practice are eliminated.
– Education: it plays an important role in causing societal change of valued in land and property right .Without this societal change of value social action efforts and up being isolated and do not cause structural transformation. education is an instrument of change.
– The emphasis on education and gender sensitization of both men and woman
– Alternatives to school curriculum: the set cultural values which has been introduced in text boos and the school curriculum must change to accommodate the view that women and human bangs who have rights.
– Training and empowerment progress: this all include the formal and informal education to enable women to come out of their shells and be productive and not just died beaters
– Participation of women in key position.
Of decision making. The voice of women must be heard in issues that pertain to them.
Time for a change
Cultural diversity in a multi-ethnic sixty makes each group esquire in its cultural practices. The destruction of a catered is to destroy the root form which human society spring from. However retaining a culture that is oppressive is not resultant. it is dynamic, it is notable that culture has been dynamic in the areas of fashion, technology and the effect of western contexts is manifested in these areas.
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Adedoyin V Simeon 1928 Nigeria Law Report 76 at 77-78
Arigbede, M (1997) Development and Women’s Health in African, Annual Lecturers series 3 empire Monogra
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Barber, k, (1995) “going to train Okuku some ideas about gender
Excess and Political Power in gender and identity in Africa “ Reb and Ladwar en (EDS), Hamburg lit Veralg 77-83.
Babatudne, Ed (1995) “the Yoruba Family in strengthening the Family Implications for International Development Marian , f Zeithin, Ratna Megawangi, Ellen na, Kramer, tenancy d collected , E.D Babatunde and David Garman (EDS) united nations university press, Tokyo Japan.
Basden, G,T (1996) , Niger Igbos (first edition 1983) London, Frank Cass
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