ANALYSIS OF DOMICILE AS BASIS FOR DETERMINING PERSONAL LAW IN NIGERIA

Abstract

This paper undertook a study of the law of domicile with a view towards ascertaining the connecting factor of a person and a specific legal system for purposes of personal law of such a person. The paper found that domicile governs personal succession to both moveable and immoveable property, essential validity of marriage, divorce, distribution of estate, validity of will, the effect of marriage on the proprietary rights of husband and wife etc. Roman law established the first theory of domicile as the extension of a pre-existent legal status of an individual. In the theory of the Roman law, each man belongs to his municipality, to his city, where as he contributes to the expenses and taxes, so he has a right to the common advantages. Traditional common law concept of domicile attempts to identify an individual’s true home in order to create predictability and consistency in legal administration. To that end, an individual has only one domicile at a time. Successfully establishing a new domicile requires both physical presence and an intention to remain indefinitely, which courts evaluate using a multi-factor balancing test. In Nigeria, the law of domicile was received from English laws and remains the basis for determining one’s personal law. The paper then set out contemporary perspectives to domicile under which it analysed the different types of domicile. In explaining domicile as a basis for personal law in Nigeria, the paper clarified that in a federation like Nigeria, it is correct to assert that an individual is domiciled in any of the states in the federation, while in composite states like United Kingdom, the reverse is the case. The paper then clarified that in the Nigerian context as a federal republic with constituent states and FCT, there is only one jurisdiction for purposes of matrimonial causes contrary to what the common law holds about domicile in a federal system of government. This is as a result of modification by the Nigerian legislation on the above stated principle. The paper then concluded.
Keywords: Domicile; Jurisdiction; Legal system; Personal law; Personal status;