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
religious tenets applicable to those
subject to it.
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 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
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.
REFERENCES
Adamolekun,
K, (1995) In laws behavioral as a social factorIn
Subsequent and Temporary upsurges of Grief in Western
Nigeria “ Omeya
The Journal of Death and dying 31-23 -24
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 Monograph.
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.