Daughter/Widow Retention in Nigeria: Survey and Analysis of Case Law

by | Oct 9, 2019 | JCLA, JCLA V3 I1 2016

Daughter/Widow Retention in Nigeria: Survey and Analysis of Case Law

Authors Nwudego Nkemakonam Chinwuba

ISSN: 2521-2605
Affiliations: Senior lecturer in law, University of Lagos, Department of Private and Property Law, Lagos, Nigeria
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 82 – 99

Abstract

This paper provides a case law survey of the custom of daughter/widow retention, alternatively referred to as ‘woman-to-woman’ marriage, in Nigeria. Since the empirical survey presenting the patterns is taken from case law, the paper necessarily adopts a socio-legal approach, invoking a need for limited analysis of the cases. Existing studies of the custom emphasise the role of patriarchy, succession and gender socialising in its development. However, a closer look at the custom and ancillary customs from the same ethnic group suggests that the relevance of womanhood to the scheme of society’s affairs, a chance at women’s self-actualisation, and the individual’s dignity, in spite of circumstances of birth, have played more significant roles in the sustenance, perpetuation and acceptance of the custom. Is the custom still relevant? The approach of the Nigerian courts is to abolish this custom vide ‘judicial legislating’. The paper shows that the larger society within which the custom operates accepts its ideals, thereby making African customary law structures that thrive on informal dispute resolution and persuasion the only viable way of resolving the conflicts and calming the tensions emanating from the clash between this custom and modernity. Persuasion through convincing strategies would thus work better than the current attitude of the Nigerian superior courts.

La Réparation des Dommages Causés Aux Détenteurs des Droits Fonciers du Fait des Exploitations Minieres: Réflexion à Partir de Textes Camerounais

by | Oct 9, 2019 | JCLA, JCLA V3 I1 2016

La Réparation des Dommages Causés Aux Détenteurs des Droits Fonciers du Fait des Exploitations Minieres: Réflexion à Partir de Textes Camerounais

Authors Jules Goudem

ISSN: 2521-2605
Affiliations: Docteur de 3e cycle et Docteur/Ph.D. en droit privé, Chargé de cours, Université de Yaoundé II (Cameroun)
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 48 – 81

Abstract

Mining is one sector where the national legislator legislated early. Despite the fact that mines are considered priority areas as factors for development, the problem of taking into account the rights of landowners within the mining areas remains critical. This article shows that compensation for damages suffered by land rights holders due to mining activities is inadequate with respect to certain foreign experiences, in particular the Canadian one. On the other hand, compensation for damages of the same kind suffered by those who have been expropriated is sometimes appropriate. However, this is not the case for mining operations that have not been preceded by expropriation or incorporation. The law recognises the right to significant compensation for victims, even if judicial guarantees may be subject to uncertainty, which the next reforms should eliminate.

Agenda for Intra-African Economic Development: Business-Legal Frameworks, Enablers and Impediments

by | Oct 9, 2019 | JCLA, JCLA V3 I1 2016

Agenda for Intra-African Economic Development: Business-Legal Frameworks, Enablers and Impediments

Authors Olawale Ajai

ISSN: 2521-2605
Affiliations: Professor of Legal, Social and Political Environment of Business, Lagos Business School, Pan Atlantic University, Lagos, Nigeria
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 1 – 47

Abstract

Africa, once described as the ‘Dark Continent’, is now regarded as the next frontier for the internationalisation of developed and emerging market multinational corporations (MNCs) and small and medium enterprises (SMEs). Although viewed as a continent with burnished democracies, there is no doubt that a resurgent Africa, with a combined middle class of 600 million people and a raft of the fastest growing economies in the world, presents immense economic opportunities. In recent times there has been a noticeable trend in the internationalisation of African firms into Africa. With the repositioning of African political and economic cooperation, and emphasis on economic cooperation, intra-African-led economic development seems more plausible. Conversely, there are still xenophobic tendencies and trade barriers that bedevil intra-African trade and commerce. The differences in laws, legal culture and other institutional voids, in addition to constrained political and country business environmental factors, appear to be serious impediments. This paper undertakes a fairly extensive cross-disciplinary literature review and investigates the scope of the existing legal and business environments for intra-African business, with a view to identifying the key enabling and constraining factors and institutions. It highlights key areas and strategies for legal and institutional reforms and for further business-legal research.

The Protection of Traditional Cultural Expressions in Africa by Enyinna Nwauche, Springer International Publishing, 2017

by | Oct 9, 2019 | JCLA, JCLA V4 I2 2017

The Protection of Traditional Cultural Expressions in Africa by Enyinna Nwauche, Springer International Publishing, 2017

Authors AC Diala

ISSN: 2521-2605
Affiliations: Research Fellow, Centre for Comparative Law in Africa, University of Cape Town
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 200 – 203

Abstract

None

La sécurite juridiqué des transferts de fonds par téléphone portable en République Démocratique Du Congo [The juridical safety of funds transfers by mobile phones]

by | Oct 9, 2019 | JCLA, JCLA V4 I2 2017

La sécurite juridiqué des transferts de fonds par téléphone portable en République Démocratique Du Congo [The juridical safety of funds transfers by mobile phones]

Authors Jeremy-Walter Bulashe Ntagalanda

ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 174 – 183

Abstract

The Congolese banking system, has been less developed and less diversified at the origin, it has strongly been degraded with political crisis persistency and economics. The emergency funds transfer system by telephone in the Democratic Republic of Congo that reveals the consequence of sub-banking of the country and the unsatisfactory of the population due to the benefit of financial short service messages. The system set by operators of mobile phones has become a helpful way that allows modest Congolese to make transfer operations and funds receiving through their mobile phones without taking into account the traditional methods of funds transfer which have been noticed unreliable and disadvantageous to that kind population. However, should we underline that this system lacks juridical safety whereas classic system of funds should be made by giving payment note to the person after having paid his/her money as proof warrant in case of misunderstanding and elsewhere there is no legislative regulation. It is therefore important to regulate for that issue.