ABSTRACT

This research project entitled 'AN APPRAISAL OF THE APPLICATION OF THE

LAW RELATING TO DOMICILE IN NIGERIA', is aimed at examining the legal

framework of the law relating to the concept of Domicile in Nigeria. However, in the

course of this research, the finding of the researcher is that there is a gaping hole in

the application of the rules of Domicile especially that of Domicile of Choice in inter-

state situation like Nigeria. For instance, according to the traditional concept, the

rule of Domicile is to the effect that, to acquire a Domicile of choice, a person must

satisfy, amongst others, a principal condition that he must have an intention of

remaining in a country or place permanently or at least, indefinitely. This is not

practically possible or feasible in Nigeria. Nigeria is a country made up of many

States with various ethnic flavors where there is a high mobility of persons as a result

of inter-marriages, work and search for 'greener pastures'. The need to address this

unsuitable circumstance constitutes the justification for this research. In the light of

this, therefore, the objective of this research is to identify the challenges of the present

practice to make viable recommendation as a way forward to addressing the

challenges identified. In the final analysis, this research work is concluded by

recommending, amongst others, that there should be a consideration of habitual

residence as a requirement for acquisition of Domicile of choice rather than intention

to reside permanently in a place. The research methodology relied upon will be

doctrinaland the sources of information include relevant text materials, statutes,

judicial decisions, journals and internet sources.

TABLE OF CONTENT

Chapter One

GENERAL INTRODUCTION 1

1.1 Introduction 1

1.2 Statement of the Problem 4

1.3 Scope Of The Research 7

1.4 Research Methodology 7

1.5 Literature Review 7

1.6 JustificationFor The Research 9

1.7 Organizational Layout 9

Chapter Two

CONCEPTUAL CLARIFICATIONS AND THE DEVELOPMENT OF DOMICILE IN NIGERIA 11

2.1 Introduction 11

2.2 Conceptual Clarifications 11

2.3 Development Of Domicile In Nigeria 15

2.4 Forms Of Domicile17

2.4.1 Domicile of origin 20

2.4.2 Domicile of choice 26

2.4.3 Domicile of dependence 32

Chapter Three

LEGAL FRAMEWORK OF THE LAW ON DOMICILE IN NIGERIA 37

3.1 Introduction 37

3.2 Rule 1: Nobody shall be without a domicile 38

3.3 Rule 2: The rule prohibiting two domiciles 39

3.4 Rule 3: Domicile connotes a connection with a territorial system of law 39

3.5 Rule 4: The presumption of continuance of existing domicile 40

3.6 Rule 5: Determination of domicile according to Nigerian law 42

Chapter Four

ALTERNATIVES TO DOMICILE AS A CONNECTING FACTOR 44

4.1 Introduction 44

4.2 Demerits of Domicile As A Connecting Factor 44

4.2.1 Uncertainty 44

4.2.2 Technicality 45

4.2.3 Proof of intention to change domicile 46

4.3 Nationality As A Connecting Factor 46

4.4 Habitual Residence as a Connecting Factor 52

Chapter Five

SUMMARY AND CONCLUSION 55

5.1 Summary 55

5.2 Findings 55

5.3 Conclusion 57

5.4 Recommendations 58

BIBLIOGRAPHY 63

AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA

Presented To

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