Family law In Nigeria
Date
1974
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Ibadan Oyo state(P M B 5205 Ighodaro Road, Jericho): Heinemann Educational Books (Nigeria) Ltd,
Abstract
Contract to marry; The Marriage; Legal effects of marriage; Matrimonial causes- jurisdiction; Nullity; Dissolution of marriage-i: statutory marriage; Dissolution of marriage-ii: customary marriage; Other matrimonial suits; Consequential relief- maintenance, custody and settlements; Legitimacy and legitimation; Adoption; Parental rights and obligations in respect to children; Guardianship; Succession under received English law and local statutes; Succession under customary law; The Extended family.
Description
In every community the law relating to the family commands great attention and importance. This is because the family is the base of the community and is therefore vital to its continued existence. The development of family law in Nigeria has reflected the political, economic, and social changes in the country. Prior to the establishment of British institutions, customary-law rules governed all aspects of matrimonial relationships. With the introduction of the general law and British-type courts, a dual system of family law was created. However, customary law continues to govern the family life of the bulk of Nigerians. Up to 1970, the various English legislations on matrimonial causes were applied directly to Nigeria in spite of its different social and economic background. This was certainly unsatisfactory. The Matrimonial Causes Decree 1970 marked the starting point of the quest for fashioning an indigenous law on matrimonial causes to suit local circumstances. A growing similarity is now noticeable in the development of family law in Commonwealth countries. Consequently a study of this nature cannot be undertaken in isolation from the law and judicial decisions in other Commonwealth jurisdictions. The preparation of this work was prompted by the far-reaching changes effected by the Matrimonial Causes Decree 1970 and the need for a comprehensive volume dealing with all aspects of the subject. Part I deals with the contract to marry, celebration of the marriage union and the legal effects of marriage. In Part II, matrimonial relief is examined including the jurisdiction of the courts, nullity, the dissolution of marriage and other matrimonial suits like restitution of conjugal rights. Part III is concerned with the relations between parent and child. The rules relating to succession and the extended family are discussed in Part IV.