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THE CONSTITUTIONALITY OF THE CUSTOMARY LAWS OF SUCCESSION IN NIGERIA.
Abstract:
This abstract provides an overview of the constitutional aspects surrounding the customary laws of succession in Nigeria, with a focus on their compatibility with the nation's legal framework. Succession is a fundamental facet of family and property rights in Nigeria, deeply rooted in diverse customary traditions and practices. These customary laws of succession coexist with the statutory laws promulgated under the Nigerian legal system, resulting in a complex legal landscape.
The paper delves into the historical background of customary laws of succession in Nigeria and their evolution alongside colonial and post-independence legal systems. It explores the tension between customary laws, often governed by ethnic and regional variations, and the Nigerian Constitution, which upholds the principles of equality, justice, and human rights.
Key issues addressed in the paper include the potential conflicts between customary laws and the Constitution regarding gender equality, minority rights, and the protection of vulnerable individuals, such as widows and orphans. Furthermore, it examines the role of the Nigerian judiciary in mediating these conflicts, emphasizing the significance of legal precedents in shaping the jurisprudential landscape.
The paper also discusses efforts to harmonize customary laws of succession with the Constitution through legislative reforms and the establishment of customary courts. It highlights the necessity of maintaining cultural diversity while safeguarding constitutional principles, thereby promoting social cohesion and legal certainty.
This research aims to shed light on the constitutional complexities of customary laws of succession in Nigeria, emphasizing the need for a delicate balance between preserving cultural heritage and upholding constitutional rights. It concludes by underscoring the importance of continuous dialogue and legal reforms to ensure that customary laws align with the evolving constitutional framework of the nation, contributing to a more just and equitable society.
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