+234 813 0686 500
+234 809 3423 853
info@grossarchive.com

A Critique of African Customary Law in Nigeria as it Relates to Civil Wrongs And Crimes

  • Type:Project
  • Pages:87
  • Format:Microsoft Word
(Law Project Topics & Materials)
ABSTRACT
The source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent.  In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law.
Customary law has great impact in the area of addressing matters such as civil wrongs, crimes and traditional matter since this law developed in an era dominated by patriarchy where some of its norms conflict with human right norms. Hence, questioning its efficacy in guaranteeing equality between men and women who are facing prosecution.  While recognizing  the  role of legislation  in reform,  it is argued that the  courts have an  important role to play  in  ensuring that customary  law  is  reformed and developed  to  ensure  that it conforms  to human  right  norms  and  contributes  to  the  promotion  of  equity and justice. 
The  guiding  principle  should  be  that customary law  is  a living  law and cannot  therefore be  static.  It must be interpreted to take account of the life experiences of the people it serves. In this regards, the study will be looking at the application of African Customary law in Nigeria and the work will be grouped as follows: 
Chapter one which is the introduction of the essay, will look into the background of African customary law, the chapter will also discuss and review relevant literatures in the area of crime and civil wrongs. The chapter will as well look into the problem statement, rationale for the study and the scope of the study.
Chapter two will cover a brief history of customary judicial system, the nature and structure of customary society with focus on three major ethnic groups (Igbo, Yoruba and Hausa) in Nigeria. The received Penal Code and Criminal Act in Nigeria will also be examined with a critic of its reception.
Chapter three will take a cursory look at judicial decisions involving crimes and civil wrongs in criminal justice administration under the African customary system. This will then be followed by an evaluation of the relationship between Nigerian Criminal Justice and legal system. Thereafter we shall examine the nexus between abolition of Customary Criminal Justice and attitude to spiritualism.
Lastly, chapter four will summarize the work and recommendations and conclusion will be made.

TABLE OF CONTENT
TITLE PAGE i
CERTIFICATION ii
DEDICATION iii
ACKNOWLEDGEMENTS iv
TABLE OF CONTENT vi
TABLE OF CASES viii
TABLE OF STATUTES x
ABBREVIATIONS xi
ABSTRACT xii

CHAPTER ONE 1
1.1 INTRODUCTION 1
1.2 LITERATURE REVIEW 5
1.3 THE PROBLEMS 16
1.4 IMPORTANCE OF THE STUDY 17
1.5 SCOPE AND LIMITATION 18

CHAPTER TWO 19
2.1 BRIEF HISTORY OF CUSTOMARY JUDICIAL SYSTEM 19
2.2 THE NATURE AND STRUCTURE OF CUSTOMARY SOCIETY 26
2.3 AFRICAN CUSTOMARY LAW WITH FOCUS ON THREE MAJOR ETHNIC GROUPS (IGBO, YORUBA AND HAUSA) IN NIGERIA 31
2.3.1 CUSTOMARY LAW IN IGBO SOCIETY 31
2.3.2 YORUBA CUSTOMARY ADJUDICATORY SYSTEM 33
2.3.3 HAUSA CUSTOMARY LAW 50
2.4 THE RECEIVED PENAL CODE AND CRIMINAL ACT IN NIGERIA 55

CHAPTER THREE 66
3.1 JUDICIAL DECISIONS INVOLVING CRIMES AND CIVIL WRONGS 66
3.2 NIGERIAN CRIMINAL JUSTICE AND LEGAL SYSTEM 76
3.3 NEXUS BETWEEN ABOLITION OF CUSTOMARY CRIMINAL JUSTICE AND ATTITUDE TO SPIRITUALISM. 76

CHAPTER FOUR 83
4.1 RECOMMENDATIONS 83
4.2 CONCLUSION 85
           
REFERENCES 87
A Critique of African Customary Law in Nigeria as it Relates to Civil Wrongs And Crimes

Share This

Details

Type Project
Department Law
Project ID LAW0212
Price ₦3,000 ($9)
No of Pages 87 Pages
Format Microsoft Word

500
Leave a comment...

    Details

    Type Project
    Department Law
    Project ID LAW0212
    Price ₦3,000 ($9)
    No of Pages 87 Pages
    Format Microsoft Word

    Related Works

      INTRODUCTION The introduction of the British Common Law, the Doctrine of Equity and the Statute of General Application by  Ordinance 3 of 1863  into Nigeria did not abolish the customary law of the people. Rather, the statute... Continue Reading
        CHAPTER ONE GENERAL INTRODUCTION 1.1. BACKGROUND OF THE STUDY Aristotle many years ago asserted that it is the nature of man to know: in other words, every man seeks to know. In fact, philosophical activity started out of the spirit of wonder when men were no longer satisfied with the... Continue Reading
    CHAPTER ONE INTRODUCTION 1.1 Background of the Study Marriage is a universal institution recognized and respected throughout the world. As a social institution, marriage is founded and governed by the social and religious norms of society. Therefore, the sanctity of marriage is a well-accepted principle in the world community. Marriage is the root... Continue Reading
    ABSTRACT This study examines the nature of employee satisfaction as it relates to customer satisfaction in the road transportation industry in Benin city, Nigeria. Attempt was made to investigate impact of employee satisfaction... Continue Reading
    ABSTRACT This study is aimed at studying the customary land laws and tenurial practices of the communities of the Nigerian Lower Benue River valley. These communities are the Idomas and the Tivs of Benue state, and the Alagos, Eggon, Mada, and Gwandara peoples of Nasarawa State. The methodology adopted was a survey approach which incorporated... Continue Reading
    ABSTRACT Commercial banks in Nigeria have been facing a of problem. These problem ranges from integrity factors location factor technological factor unstable management incompleteness of board members and unqualified personnel. Therefore this study was aimed at looking into these problems so as to ascertain the impact on commercial banks as well... Continue Reading
    ABSTRACT Right from the beginning, one needs to realize that the civil service is a key instrument to the survival of any governmental setting and indeed national development. In a general sense, the civil service provides the semblance of government. Thus, the effectiveness and productivity of any government is largely determined by the... Continue Reading
    ABSTRACT    It is not exaggeration that despite the effort of NAPTIP and other bodies like the ILO, there are still cases and reports of women and child trafficking in Nigeria. There are occasions where hospitals take in young pregnant girls, offer them money for their babies ranging from N20,000-N25,000, which they in turn sell between... Continue Reading
    ABSTRACT The first decade of the twenty-first century experienced a tsunami or blizzard in the number of reported corporate scandals, frauds, and failures (Ball, 2009). According to Oseni (2017) the nature of such fraud rendered traditional auditing and investigation inefficient and ineffective in fraud detection and prevention. Statutory audit... Continue Reading
    CHAPTER ONE 1.0 INTRODUCTION 1.1 BACKGROUND OF STUDY Nigeria is one among the African nations that are plague with fraud and financial crimes and these have had effect on the economy of Nigeria. These crimes, be it economic or financial crimes or both have a kind of... Continue Reading