CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Nigeria is made up of a vast geographical area comprising of various tribes and ethnic groups. This tribes all have their different cultures and traditions binding individuals subject to or belonging to each tribe. It has been emphasized that the sources of Nigeria law include; English law, Islamic law, and customary law. The question that normally come to mind us when or how do the courts determine which law governs a particular situation between those three different system of laws. Assuming that it is customary law that is applicable to a situation, the issue of which particular customary law should e operated comes into focus. These are the situations necessitating the rule on conflicts of laws. Where there is a clash between two laws in a country, there is internal conflict of law. As stated earlier, were people from two different cultures or customary background are faced or involved in a transaction which is subject to which one is applicable has to be determined by members of the communities involved or by a court as the case may be[1]. In the case of Olowu V. Olowu,[2] the Supreme Court held that although Nigeria is one country, its multi-ethnic, multi-lingual and multi-customary laws makes the problem of conflict of laws unavoidable.
In this case, Oputeu JSC examining the problem of internal conflict of laws in Nigeria said that;
“Nigeria being one nation, one country will it not be contradiction in terms of talk of conflict of laws in the same country? Our former National Anthem supplied the answer.”
[1] Ese Malemi: The Nigerian legal system 4th ed (Princeton publishing company, 2012) p. 109.
[2] (1985) 3 NWLR pt 13, p. 372 sc
