The Future of Customary Law in Africa

Oba, Abdulmumini A

doi:10.1017/cbo9780511844294.004

Cited by 10 publications

(3 citation statements)

References 17 publications

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“…Since such individuals are not easily identified, we applied to customary courts in each of the LGAs of interest to recruit divorced or separated participants. In the Nigerian system, customary marriages come under the authority of the customary courts, which makes them easier to dissolve compared to statutory marriages that require considerable evidence, finances, and time [51]. Widowed persons were recruited from notable churches and mosques in the LGAs with the permission of the religious cleric in charge.…”

Section: Study Area Population and Samplementioning

confidence: 99%

Determinants of Marital Instability in Ibadan, Nigeria

Olasehinde¹,

Onodje²

2023

JAPS

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The economic and social desirability of marital stability is shown by its promotion of di-vision of labor, risk pooling, and encouragement of healthy behavior, while unstable mar-riages are linked to negative outcomes such as psychological and financial distress, im-paired child development, and long-term health challenges. It is worth noting that, while previously high divorce rates in developed countries appear to be slowing down, the op-posite might occur in developing countries. However, few studies have empirically ex-amined the causes of marital instability in developing countries. This study sought to em-pirically investigate marital instability in Nigeria by focusing on its key influencing fac-tors. The study collected data from 186 individuals in the urban and rural areas of Ibadan, the third most populous city in Nigeria, and used multivariate logistic regression analysis to investigate three marital states: divorce, separation, and widowhood. The results show that marriage duration, number of children, and marriage entry age have a substantial in-fluence on marital instability. The risk of divorce follows a U-shaped pattern, with the risk falling from age 26 to 30 and rising again until age 46. Thus, addressing the causes of ear-ly and late marriage entry could improve marital stability in Nigeria. Keywords: Household economics; Marital instability; Marriage market

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Section: Study Area Population and Samplementioning

confidence: 99%

Determinants of Marital Instability in Ibadan, Nigeria

Olasehinde¹,

Onodje²

2023

JAPS

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“…One way to achieving this end would perhaps be the codification of existing customary rules and norms on land allocation and use in different traditional areas to afford clarity and unbiased interpretation as well as minimise their susceptibility to manipulation by traditional authorities. This is, however, a very complex issue, considering that the codification has the propensity to fossilise fluid customary norms, thereby limiting their flexibility [63][64][65]. Besides, the fact that land matters are politically sensitive sitting at the cleavage of national politics and tradition in Ghana vis-à-vis the government's policy of non-interference highlights the need for a cautious approach to legal reforms in this direction.…”

Section: Conclusion and Policy Implicationsmentioning

confidence: 99%

Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?

Asaaga

2021

Land

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Despite the ongoing land administration reforms being implemented across sub-Saharan Africa (SSA), including Ghana, as a viable pathway to achieve tenure security and greater efficiency in land administration, the subject of land dispute resolution has received relatively less attention. Whereas customary tenure institutions play a central role in land administration (controlling ~80% of all land in Ghana), they remain at the fringes of the formal land dispute adjudicatory process. Recognising the pivotal role of traditional institutions as development agents and potential vehicles for promoting good land governance, recent discourses on land tenure have geared toward mainstreaming traditional land dispute institutions into the architecture of the formal judicial process via alternative dispute resolution pathways. Yet, little is known, at least empirically, as to the operations of traditional dispute resolution institutions in the contemporary context. This study therefore explores the importance of traditional dispute resolution institutions in the management of land-related disputes in southcentral and western Ghana, drawing on data collated from 380 farming households operating 746 plots. The results show that contrary to the conventional thinking that traditional institutions are anachronistic and not fit for purpose, they remain strong and a preferred forum for land dispute resolution (proving resilient and adaptable), given the changing socio-economic and tenurial conditions. Yet, these forums have differing implications for different actors within the customary spheres accessing them. The results highlight practical ways for incorporating traditional dispute resolution in the overall land governance setup in Ghana and elsewhere in sub-Saharan Africa. This has implications for redesigning context-specific and appropriate land-use policy interventions that address local land dispute resolution.

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“…One way to achieving this end, would perhaps be the codification of existing customary rules and norms on land allocation and use in different traditional areas to afford clarity and unbiased interpretation as well as minimize their susceptibility to manipulation by traditional authorities. This is however, a very complex issue considering that the codification has the propensity to 'fossilize' fluid customary norms, thereby limiting their flexibility [61][62][63]. Besides, the fact that land matters are politically sensitive sitting at the cleavage of national politics and tradition in Ghana vis-à-vis the government's 'policy of non-interference' highlights the need for cautious approach to legal reforms in this direction.…”

Section: Conclusion and Policy Implicationsmentioning

confidence: 99%

Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?

Asaaga¹

2021

Preprint

View full text Add to dashboard Cite

Despite the ongoing land administration reforms being implemented across sub-Saharan Africa (SSA), including Ghana as viable pathway to achieve tenure security and greater efficiency in land administration, the subject of land dispute resolution has received relatively less attention. Whereas customary tenure institutions play a central role in land administration (controlling ~80% of all land in Ghana), they remain at the fringes of the formal land dispute adjudicatory process. Recognizing the pivotal role traditional institutions as development agents and potential vehicles for promoting good land governance, recent discourse on land tenure have geared towards mainstreaming traditional land disputes institutions into the architecture of formal judicial process via alternative dispute resolution pathways. Yet little is known at least empirically as to the operations of traditional dispute resolution institutions in the contemporary context. This study therefore explores the importance of traditional dispute resolution institutions in the management of land-related disputes in southcentral and western Ghana. Drawing on data collated from 380 farming households operating 746 plots. The results show that contrary to the conventional thinking that traditional institutions are anachronistic and not fit for purpose, they remain strong and preferred forum for land dispute resolution (proving resilient and adaptable) given the changing socio-economic and tenurial conditions. Yet these forums have differing implications for different actors within the customary spheres accessing them. The results highlight practical ways for incorporating traditional dispute resolution in the overall land governance setup in Ghana and elsewhere in sub-Saharan Africa. This has implications for redesigning context-specific and appropriate land-use policy interventions that address local land dispute resolution.

show abstract

The Future of Customary Law in Africa

Cited by 10 publications

References 17 publications

Determinants of Marital Instability in Ibadan, Nigeria

Determinants of Marital Instability in Ibadan, Nigeria

Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?

Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?

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