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
