MATRIMONIAL CONFLICTS AND CHOICE OF LAW SITUATIONS IN THE NIGERIAN LEGAL SYSTEM

Abstract

In this paper, Marriage is considered as the legal relationship between a husband and wife. It is a union between a man and a woman, excluding marriage between persons of the same gender. Marriage in Nigeria is basically governed by three laws namely, statutory law, customary law and Islamic law. The occasions are frequent when the courts in one country must take account of some rule of law that exists in another. This becomes pertinent when marriage-related issues arise between couples with diverse backgrounds; questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another. The court will have to follow the conflict of law principles of choice of law to resolve such issue by applying the connecting factors. It is the finding of this paper that where different legal systems are run concurrently in a country there is bound to be conflicts and these conflicts can be resolve if the principle of choice of law is applied. It is the recommendation of this paper judges should be trained in the application of the choice of law rules in conflict of laws. In conclusion the principle of choice of law, is useful in resolving matrimonial conflicts situation within a legal system that has different personal laws in existence.