Seite - 39 - in Austrian Law Journal, Band 1/2017

ISSN: 2409-6911 (CC-BY) 3.0 license www.austrian-law-journal.at Fundstelle: Asemota, Non-State Law in Nigeria: A “Treasure Trove” or “Pandora’s Box”? ALJ 1/2017, 39–54 (http://alj.uni-graz.at/index.php/alj/article/view/73). Non-State Law in Nigeria A ”Treasure Trove” or “Pandora’s Box”? Lambert H.B. Asemota*, Vienna Abstract: Nigeria operates a tripartite legal system comprising customary law, Sharia law and the English common law regime. While the former two non-state legal systems predated the coming of the British to that region of Africa, English common law tradition was introduced with colonisation. Consequently, the Nigerian legal system has become submersed with legal plural- ism which tends to put critical legal thinkers in two minds. This paper revisits the theories and practices of the established three-tier system within the context of the topical challenges that trickle down from attempting to reconcile the reliance by certain ethnic groups on the concept of self-determination (under the guise of freedom of religion and culture) and the opposing pro- visions of the Nigerian constitution and international treaties and conventions. Keywords: Customary law, Sharia law, self-determination, Boko haram, Nigeria, Terrorism, Niger Delta Militant. Part A Introduction In the heat of the decolonisation of parts of Africa and immediately prior to the granting of inde- pendence to the country now known as Nigeria, it was settled that the pre-existing non-state rules (native law and customs) be applied only as personal law. They were to be applied in family matters, such as marriage, inheritance, etc. However, one thing led to another and Sharia law has since been extended to criminal law jurisdiction just as customary law has also transformed into something else. These activities have in one way or another stirred up political hornets’ nest as the application of such non-state rules has since become so widespread that it has degenerated into agitation for self-determination and secessionist ideology by way of armed insurgence and terrorism in parts of the country. This paper is divided into three parts. While in this introductory section, which also serves as part A, the salient points regarding the inception of legal pluralism and its necessity in the Nigerian geopolitical setting are highlighted, under part B the author attempts to address the core of the * Lambert H.B. Asemota, LL.B., LL.M. (London), Dr.iur. (Vienna), Specialist in Refugee Care: ORS Service GmbH; formerly Director and Legal Adviser: African and Ethnic Minority Advocacy Centre, Vienna, Austria; author of the book, “Troubles That Ooze Out Of Legal Pluralism: The Human Rights Viewpoint (2015)”. I would like to thank Daniela Bereiter and others for their brilliant editorial assistance, and the independent reviewer whose critical analysis helped in shaping this article.