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- Title
Reflection on Interpersonal Conflict of Law under Customary Law in Nigeria.
- Authors
Animasaun, Adetokunbo
- Abstract
Nigeria is a conglomeration of multi-ethnic groups with a plethora of diverse cultures, traditions, religions and customs of great magnitude. Different rules/laws apply to people of various ethnic groups in relation to marriage, legitimacy and succession under intestacy. The principle of unity in diversity has made inter-tribal relations amongst the various ethnic groups in Nigeria possible, culminating in inter-tribal marriage and having permanent residence in a community radically different from the ethnic group of one’s origin as it has often been the practice amongst people of Nigeria and in particular Yoruba and Bini ethnic groups. The intention to be permanently resident in a locality other than the place of origin or birth has led to the application of different customary laws to one’s estate after death. The application of personal laws other than the personal law of the ethnic of origin or birth of the deceased person has engendered the exclusion of some beneficiaries of the estate of the deceased. The exclusion of some beneficiaries is a result of the wrong application of customary law, which allows discriminatory laws and practices to thrive under the law of intestacy in the place of permanent abode. This exclusion of some beneficiaries, particularly females or daughters, as a result of the application of different personal laws to the estate of the deceased has resulted in injustice and denial of inheritance rights that should have accrued to these excluded beneficiaries. This paper advanced reasons for a uniform standard of change of personal law through legislative intervention.
- Subjects
NIGERIA; CONFLICT of laws; CUSTOMARY law; INHERITANCE &; succession; YORUBA (African people)
- Publication
African Journal of Law & Justice System, 2023, Vol 2, Issue 2, p63
- ISSN
2753-3115
- Publication type
Article
- DOI
10.31920/2753-3123/2023/v2n2a4