UNIT 1 - CONTENT OF FAMILY LAW

TOPIC OF THE DAY

- WHAT IS FAMILY LAW?

- WHAT IS FAMILY?

- THE NATURE OF MARRAIGES

- TYPES OF MARRIAGES IN NIGERIA

- CUSTOMARY LAW

- JUDICIAL PRECEDENT

What is Family Law

Family law is a branch of law that deals with matters related to family and domestic relations. This includes issues such as marriage, divorce, child custody, adoption, property division, and other related matters. The primary goal of family law is to resolve disputes and ensure the fair treatment of all parties involved. See the Matrimonial Causes Act (MCA) 1970 which governs marriage and divorce in Nigeria and also the Child Rights Act 2003 which addresses the welfare and rights of children, including custody matters.

What is Family

A family is a group of individuals related by blood, marriage, or adoption who live together or have a common ancestry. It serves as the primary unit of social organization and plays a crucial role in socialization and emotional support.

The Nature of Marriages

Marriage is a legally recognized union between two individuals that establishes rights and obligations between them, their children, and their in-laws. It is both a social and legal institution that helps regulate the relationship between the spouses and provides a stable environment for raising children.

Types of Marriages in Nigeria

1. Statutory Marriage: this is a marriage conducted according to the Marriage Act, which aligns with Western legal principles. It requires Notice of Marriage under Section 7 of the Marriage Act, Certificate of Marriage under section 25, Marriage Act and Consent of parties under Section 33 of the Marriage Act. See also the case of Hyde v. Hyde and Woodmansee (1866) LR 1 P&D 130, where marriage was defined as the voluntary union for life of one man and one woman to the exclusion of all others.

2. Customary Marriage: this is a marriage conducted according to the customs and traditions of the ethnic group of the parties. It requires bride price payment, consent of families and customary rites and ceremonies. See the case of Osanebi v. Osanebi (2001) 13 NWLR (Pt. 728) 755, where the court affirmed the validity of customary marriages and recognized the importance of adherence to customary practices.

3. Islamic Marriage: this a marriage conducted according to Islamic law (Sharia). It requires the consent of the parties, payment of dowry (Mahr), and the presence of witnesses. See section 277 of the 1999 Constitution of Nigeria (as amended) which recognizes the application of Islamic law in personal matters.

Customary Law

Customary law refers to the traditional laws and practices that are indigenous to a particular ethnic group or community. These laws govern various aspects of life, including marriage, inheritance, and land ownership. In Nigeria, customary laws are recognized and can coexist with statutory laws, provided they do not conflict with the Constitution. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182, where the Supreme Court of Nigeria upheld the principles of customary law relating to land inheritance and emphasized the importance of adhering to traditional practices.

Judicial Precedent

Judicial precedent, also known as case law or stare decisis, refers to the practice of courts following the decisions of higher courts in previous similar cases. It ensures consistency and predictability in the law and also ensures legal certainty, promotes fairness and equality and saves judicial time. See the case of Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (Pt. 109) 250, where the Supreme Court of Nigeria highlighted the importance of judicial precedent and its role in maintaining consistency in legal decisions and section 287 of the 1999 Constitution of Nigeria provides for the enforcement of judicial decisions and emphasizes the binding nature of Supreme Court decisions on all other courts.