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