The history and sources of conflict of laws in Nigeria, with comparisons to Canada

Abstract

I had often wondered how, about five hundred or more years ago, cases with foreign elements were resolved in the geographical territory that is now known as Nigeria. My curiosity invited me to this intellectual pursuit with its unanticipated profound and challenging dimensions. From Nigeria I had to grapple equally with a comparable legal situation in Canada, and to proffer explanations for both colonial and post-colonial legal regimes. Mine has been only a flirtation with Canadian legal history! This work has shown some eclecticism, borrowing from history, jurisprudence, constitutional law, and conflict of laws. Professor D. J. Guth ensured that I did not get stuck in the quagmire of historical materials or confused in their exposition. Chapter 1 introduces the reader to conflict of laws by giving its definition and principal characteristics. Chapter 2 explains the historical context for the evolution of conflict of laws in Nigeria. Chapters 3, 4, and 5 treat the various sources of conflict of laws in Nigeria and Canada. Chapter 6 focuses on the special problems of conflict of laws in Nigeria engendered by its pluralistic legal system. Each chapter tries to state what seems to be the legal position and then makes suggestions on what the legal position ought to be.