LEGAL ANALYSIS OF THE TYPES AND FORMS OF DOMICILE UNDER NIGERIAN LAW

Abstract

The concept of domicile describes a man’s civil status provides the law or legal yardstick by which his personal rights and obligations are determined. It is an important aspect of law which reflects that idea of law that links each individual with a specific legal system. This paper analysed the different types and forms of domicile under Nigerian law. It found that a domicile of origin is the domicile assigned by law to a child when he is born. An individual’s domicile of origin depends on the domicile of one of his parents at the time of his birth. A domicile of choice is one that every independent person with the exception of infants, lunatics or married women can acquire by a combination of residence coupled with the intention of permanent or indefinite residence. A domicile of dependence is the domicile legally ascribed to three categories of persons classified as dependent persons. These classes are infants, married women and lunatics. In this regard, no dependent person can acquire a domicile of choice by his own or her own act. The paper also found that in accordance with specific provisions of the law, domicile may be acquired or lost, and thereafter concluded.
Keywords: Domicile; infant; lunatic; married women