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A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems

A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems

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DEDICATION

This research material, titled “A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems” is dedicated to God for His boundless grace and guidance. It is also a tribute to all computer enthusiasts whose contributions made my research journey smoother and enriched my documentation process, making the experience truly fulfilling.



ACKNOWLEDGEMENT

I am profoundly grateful to everyone who contributed to the successful completion of this project. I am especially grateful to my Supervisor (Name), the Head of Department (Name), and the Lecturers in the Department of Law for their invaluable guidance and support. I also acknowledge the contributions of authors and scholars whose works on A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems provided essential insights. Special thanks go to my study area (and any funding organizations, if applicable) for their financial assistance. I am equally thankful to stakeholders, including mentors, teachers, and colleagues, for their encouragement and support. Finally, I deeply appreciate my family and friends for their patience and unwavering support throughout this journey. Your contributions have been instrumental in making this research a reality.



ABSTRACT

Private International Law is that part of a law of a country which deals with cases having foreign element and usually comes into operation whenever courts are seized with such cases. The term ‘foreign element ’ means any system of law prevailing outside the lex fori, that is, the local law of the place where the court is situated. It includes not only the law existing in a state under a foreign political sovereign but also the law prevailing in a sub division of a political state of which the forum is part.

The law of England and any other law of a country outside Nigeria can be treated as a foreign law. The laws of Northern Nigeria can also be treated as foreign law in the Southern Nigeria. There is also the inter- state conflict of laws, a situation which arises due to the divergent laws in each state. With the increasing international relationship around the world, conflicts are bound to arise. Municipal laws of a State, which were promulgated and enacted into law to guide her own affairs, dffier from one country to the other. For example, the Nigerian Legal system has provisions different from English Legal system.

Therefore, whenever a course of action arises between the two legal systems, and a decision is arrived at, such decision is referred to as the choice situation. For the purpose of this long essay, we shall be examining issues like in cases of dispute involving two or more municipal laws, which law should prevail? How will a State’s attitude to foreign law affect its recognition and enforcement? Also, to what extent will the municipal court give effect within the domestic rules of international law, which are contrary to domestic law, in cases where two or more customary laws are applicable, for example, in Nigeria, which one should prevail? All these and more shall be discussed in this essay.


A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.…

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the conceputal review, theoretical framework, the review of related literature …

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In preparation for defending a project or seminar on A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems, it is imperative that as a nursing student, you demonstrate comprehensive knowledge of your research. The defense process is structured to include presenting your work, answering questions, and illustrating its pertinence. Initially, provide a succinct yet thorough introduction to your research topic, emphasizing its importance and the objectives, ensuring that both the audience and the External Examiner can understand the scope of your study.

Prior to your defense, be thoroughly acquainted with your research abstract and the critical elements of Chapter One, including motivation for embarking on this research, problem statement, objectives, and significance. In Chapter Two, be ready to cite at least two references from the literature review. For Chapter Three, you should be equipped to discuss the methodologies, tools, and techniques utilized. In Chapter Four, defend your research by justifying the findings and linking them to your research objectives.

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