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| Title: | Colonialism, Customary Law and the Post-Colonial State in Africa: The Case of Nigeria |
| Author: | Yakubu, John Ademola |
| Year: | 2005 |
| Periodical: | Africa Development: A Quarterly Journal of CODESRIA (ISSN 0850-3907) |
| Volume: | 30 |
| Issue: | 4 |
| Pages: | 201-220 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Nigeria West Africa |
| Subjects: | legal pluralism customary law colonialism History and Exploration Peoples of Africa (Ethnic Groups) Law, Human Rights and Violence Politics and Government law imperialism Justice, Administration of Social norms |
| External link: | https://www.jstor.org/stable/24483841 |
| Abstract: | Colonialism became a fact of life in many African countries. An effect of colonialism, especially in the former British colonized countries, was the transplantation of the British legal system, followed by the recognition of both the British and the indigenous legal systems and, finally, the gradual relegation of the indigenous or customary law system to a lower status. The use and effect of customary laws became dependent on the permissive extent of the general law. In its regulated state, its operation became dependent on the satisfaction of the rules of common law equity and good conscience. Other rules as to the amenability of customary law and proof became established. Notwithstanding the relegation of the rules of customary law vis-à-vis the general law, these rules have survived to date. Islamic law, which was usually regarded as a variant of customary law, is beginning to have its separate status. This article examines the impact of colonialism on customary law, especially in postcolonial Nigeria. Notes, ref., sum. in English and French. [Journal abstract] |
