THE NIGERIA LEGAL SYSTEM - VIOLENCE AGAINST WOMEN AND CHILD MARRIAGE

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 books 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 multiethnic sixty makes each group enquire 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 factor in 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.

Basden, G,T (1996) , Niger Igbos  (first edition  1983) London, Frank Cass 
Share on Google Plus

Declaimer - MARTINS LIBRARY

The publications and/or documents on this website are provided for general information purposes only. Your use of any of these sample documents is subjected to your own decision NB: Join our Social Media Network on Google Plus | Facebook | Twitter | Linkedin

READ RECENT UPDATES HERE