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A Critique of the Judicial Attitude towards Matrimonial Property Rights under Customary Law in Nigeria’s Southern States

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Thus far, recent judgments on women’s property rights delivered by the
Nigerian Supreme Court have been perceived as a development of
customary law. The article argues that these judgments mask the
indifferent attitude of apex courts to women’s matrimonial property rights
under customary law. This indifference is evident from the Supreme
Court’s failure to address the preservative philosophy of property rights
and the unsuitability of this philosophy to contemporary conditions. To
bring this failure into critical focus, the article primarily uses case analyses
to critique divorce and succession judgments delivered by the Supreme
Court and the Court of Appeal. It finds that apex courts prefer the
repugnancy test over the Bill of Rights, using a balancing act that shields
the customary law of matrimonial property from constitutional scrutiny.
Among other measures, the article suggests that customary law should be
unequivocally subjected to the Bill of Rights, and legislation should be
enacted to regulate customary laws of succession, marriage and divorce.

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Language
English
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Subject(s)
Bill of Rights
Customary Law
Matrimonial Property Rights
Southern Nigeria
Repugnancy
Contemporary Conditions
Legislation
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Article
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