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

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

Diala, Anthony C - Personal Name;
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  • A Critique of the Judicial Attitude towards Matrimonial Property Rights under Customary Law in Nigeria’s Southern States

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.


Detail Information
Publication Information
: ., 2018
Number of Pages
-
ISBN
-
Language
English
ISSN
-
Subject(s)
Bill of Rights
Customary Law
Matrimonial Property Rights
Southern Nigeria
Repugnancy
Contemporary Conditions
Legislation
Description
-
Citation
AC Diala ‘A critique of the judicial attitude towards matrimonial property rights under customary law in Nigeria’s southern states’ (2018) 18 African Human Rights Law Journal 100-122 http://dx.doi.org
Other Information
Type
Article
Part Of Series
-
DOI Identifier
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